Planning and Zoning Commission Minutes - 05/11/2022 MINUTES
PLANNING & ZONING COMMISSION
May 11, 2022
PRESENT:
Michael Grassi ♦ Member
Blake Haney ♦ Member
Noros Martin ♦ Member
Steve Lane ♦ Member
Mark McBurnett ♦ SAFB Liaison
Doug McCulloch ♦Alternate No.1
Wayne Pharries ♦ Member
Anthony Vidmar ♦ Member
Jeremy Woodward ♦ Vice-Chair
Councilor Whiteley ♦ Council Liaison
James McKechnie, Deputy City Attorney ♦ City Staff
Fabian Medellin, ACIP, Planning Manager ♦ city start
Christal Ashcraft, Development Services Admin. Assist. ♦ City Staff
Cedric Hu, Planning Technician ♦ City Staff
ABSENT:
David Cook ♦ Chairman
Cayce Wendeborn ♦ Member
Steve Wood ♦Alternate No.2
I. CALL TO ORDER
The meeting was called to order by Vice Chairman, Mr. Jeremy Woodward, at 2:00
p.m. Vice Chairman Woodward 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 May 11, 2022
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.
Ill. PUBLIC COMMENTS
Vice Chairman Woodward asked if there were any comments from the public. With
no response, Mr. Woodward closed public comments.
IV. APPROVAL OF MINUTES
Mr. Noros Martin made a motion to adopt the April 13, 2022, minutes. Mr. Michael
Grassi seconded the motion. The motion was passed unanimously, 8-0
VII. REGULAR AGENDA
1. Case C 22-07 — 9 Fenoglio Avenue:
Consider taking action on a conditional use to allow a manufactured home
as in-fill development in a Residential Mixed Use (RMU) zoning district.
Applicant/Owner: Heart for Homes, Clint Robertson
Mr. Wayne Pharries made a motion to approve the case. Mr. Noros Martin
seconded the motion. Mr. Cedric Hu presented the case and stated the owner, Mr.
Clint Robertson, of the subject property at 9 Fenoglio Avenue met with staff
regarding a conditional use permit to place a manufactured home on his lot as in-fill
development.
Mr. Hu stated 9 Fenoglio Avenue was located between Lake Wichita and the North
Texas State Hospital in the southern portion of Wichita Falls. The subject property
is currently vacant and is surrounded by vacant lots and residential structures in a
Residential Mixed Use (RMU) zoning district.
Mr. Robertson's site plan shows that setback requirements will be met as well as
specifications for the proposed manufactured home that measure 28ft. X 56ft. and
will be a 1 ,475 square foot, 4 bedroom, 2 bathroom home. Also shown on the site
plan is the proposed orientation of the home to face the side property line to the
east, which is comparable to the orientation of other homes within a 200ft radius.
This proposal will also have to meet the Supplemental Use Regulations for
Manufactured housing as in-fill development listed in Section 5615 requiring the
following:
a) Permanently attached or affixed to a permanent foundation system;
b) Unit will have a covered entry dormer on any entry visible from public right
of way;
c) Distance between the finished grade and the bottom of the exterior walls
shall not exceed 30 inches;
Planning and Zoning 3 May 11, 2022
d) Foundation fascia/skirting shall form a complete brick or stone enclosure;
e) Driveway and other ground elements shall be consistent with the adjacent
housing units in construction and materials. Construction of the driveway
approaches and other construction in the right-of-way of shall be in
accordance with the latest revision of the city standard specifications in
effect at the date of issuance of the permit, which are on file in the office
of the Department of Public Works.
f) Square footage contained in the housing is comparable to those of
existing housing units in the immediate residential neighborhood or
subdivision.
g) Unit shall not be less than 22ft wide.
h) Driveway, sidewalks, and other such site elements shall conform to
adjacent housing units similar or approximate location and construction
materials.
i) Facing of the unit shall be in the relationship to a public, or private street
where allowed, and shall be located where the apparent entrance or front
of the home faces or parallels the street frontage, except where the lot
size exceeds one acre, is setback a minimum of 100 feet, or is in the
same facing as adjacent or neighboring structures, except as provided
herein or as approved by the Commission.
j) Unit shall conform to the minimum front, side, and rear yard setbacks, and
height of the district where permitted or as required by the commission.
Mr. Hu advised the Commission that staff notified a total of 26 property owners
within 200sf. of the subject property and received 9 responses; 5 in favor and 4 in
opposition to this proposal. Staff recommends approval of a conditional use for a
manufactured home at 9 Fenoglio Avenue with the following conditions.
1. The manufactured home meets the requirements of Section 5600 for in-fill
manufactured housing of the zoning ordinance for manufactured housing.
2. The property must be platted prior to issuance of a building permit.
3. The proposed home must comply with all applicable codes and
ordinances at the time of construction permitting.
Vice-Chairman Woodward asked if the applicant was present and wished to make
a presentation. The applicant, was present, but wished to give no presentation. Mr.
Noros Martin stated he believed one of the pictures in the book was not correct, to
which Mr. Medellin stated it was an error and from another case not related. Mr.
Noros Martin pointed out one of the replies received was not signed and asked if it
was still counted along with the other responses. Mr. Medellin explained we still
count unsigned responses as they are sent in to us. This particular response was
done online and emailed to staff. Mr. Doug McCulloch stated he didn't think the City
allowed mobile homes inside city limits. Mr. Medellin explained the difference
between mobile and manufactured homes and the regulations manufactured
homes had to meet. Mr. Wayne Pharries stated in general he is not in favor of
manufactured homes, however, with the home being new and Mr. Pharries visiting
the location and seeing the clean-up the owner has done he believes it will bring up
property value. Mr. Medellin advised the Commission Section 5615 states the
Planning and Zoning 4 May 11, 2022
manufactured home must be new from the dealer and also requirements for
skirting. With no other questions Vice-Chairman Woodward called for a vote. The
motion passed unanimously with a vote of 8-0.
2. Case C 22-08 — 1722 Cimarron Trail:
Consider taking action on a conditional use to allow for a convenient store
in a Limited Commercial (LC) zoning district.
Applicant/Owner: Mohammad Kaiser Hassan Siddique/Srijana Shrestha
Mr. Doug McCulloch made a motion to approve the case. Mr. Wayne Pharries
seconded the motion. Mr. Fabian Medellin presented the case and stated Mr.
Siddique was currently leasing to own the property located at 1722 Cimarron Trail.
The subject property is located south of US 287 on Cimarron Trail, east of the City
View Drive and US 287 intersection.
The existing structure has residential uses to the south, multi-family development to
the east and more residential uses to the southeast. Mr. Medellin advised the City
ordinance conditionally allows for a convenience store in a Limited Commercial
district.
Mr. Medellin stated the structure has been in existence since the 1960's with the
primary use of the years being a convenience store leading up to the zoning
ordinance adoption in 1985. Post zoning adoption, the same trend continued,
however, there where periods of lapses over two years in operation where there
were multiple petitions to occupy that structure as a convenience store, once in the
early 1990's, the early 2000's and the most recent petition for a retail use as a
butcher shop. The City's zoning ordinance does distinguish the retail butcher shop
from a convenient store as a different use. During the last occupancy there where
many improvements made to bring the structure and parking up to code for retail
use, making it almost move-in-ready for Mr. Siddique. The only proposed changes
would be the addition of some outlets for beverage coolers. Mr. Siddique at this
time is not proposing to sell any foods, however, if he chooses to do so in the future
he is aware of the potential, additional requirements the Health Department may
have. Mr. Medellin displayed photos and maps of the area, showing the residential
uses and how they are separated from the retail use by the drainage channel.
Mr. Medellin stated staff notified a total of 21 property owners within 200ft. of the
subject property and received a total of 3 responses; 2 in favor and 1 with no
opinion/undecided. When reviewing the case staff researched previous uses and
found the use of a convenience store was less impactful with its grab-and-go style
with most of the traffic coming from US 287. After consideration of the proposed
use, staff recommends approval of this Conditional Use Permit request for 1722
Cimarron Trail. to allow for a convenience store in a Limited Commercial (LC)
zoning district with the following conditions:
1 . Obtain all necessary permits and licenses in accordance with city
ordinances, adopted building code and health code regulations.
Planning and Zoning 5 May 11, 2022
2. Comply with all special conditions unique to development in the Limited
Commercial (LC) zoning district to include limitations of hours of operation
and signage.
3. Prior to initiating operations all developmental requirements, conditions,
permits and licensing shall be reviewed, approved, constructed and
inspected.
Vice-Chairman Woodward asked if the applicant was present and wished to make
a presentation. The applicant, was present and thanked the Commission for
hearing his petition. Vice-Chairman Woodward asked if there were any comments
from the public. Mr. Martin stated he thought the City no longer allowed the use of
asphalt and asked about the irrigation to the landscaping. Mr. Medellin advised City
ordinance stated concrete and asphalt were acceptable and that the existing
landscaping was already irrigated from the previous owner. Mr. McCulloch asked if
an alcohol application had been submitted for this location, to which Mr. Medellin
advised there had been one received. Mr. McCulloch stated he would like to see
fencing required around the property with the alcohol sales. Mr. Medellin advised
city ordinance does require commercial uses to have screening from residential
uses, and the channel met the requirements for separation.
Vice-Chairman Woodward asked if there were any further comments. With no
further discussion the Vice-Chairman called for a vote. The case passed
unanimously with a vote of 8-0.
3. Case C 22-10 — 2201 Southwest Parkway:
Consider taking action on a conditional use to allow for the reduction of
25ft. to the side interior setback in the Commercial Corridor (CC) zoning
district.
Applicant/Owner: Austin Tull, Responsive Education Solutions
Mr. Doug McCulloch made a motion to approve the case. Mr. Michael Grassi
seconded the motion. Mr. Fabian Medellin presented the case and stated the
request for the Commission was for a reduction in the side interior setback for an
accessory structure for use as a storm shelter. Staff meet with Austin Tull of
Responsive Education Solutions and his design team which were present for
questions. Mr. Tull and his team are proposing to occupy a vacant structure lastly
used as Advanced Auto Parts. Their proposal is to use it as a charter school
geared toward high school aged students and young adults seeking their GED.
The school is proposed to have an enrollment of up to 240 students, however, not
all 240 students will be present at the same time. The school will offer multiple
sessions throughout the day with no more than 120 students on site at one time.
During the pre-development meeting with Mr. Tull, the ICC requirement for a storm
shelter was discussed. Mr. Tull has advised a separate structure will be used as the
storm shelter to meet this requirement. During the site plan review in the process
Planning and Zoning 6 May 11, 2022
to obtain a construction permit, staff identified the 5ft. setback from the storm
shelter to a residential use directly adjacent to it.
Mr. Medellin stated the property was located in the City's Neighborhood
Revitalization area at the corner of Avenue L and Kemp Boulevard intersection.
The site plan shows the proposed placement of the storm shelters to be located in
the southeast corner. It is the residence to the south of property that is the cause
for the increased setback. The City ordinance provides protection of commercial
uses encroaching or developing next to residential uses in residential districts. The
ordinance also offers an avenue for a reduction in certain situations when the
commercial use is minimally impactful to that residence, or in this case, the
residence is not in a residential district. Normally the setback to separate
commercial from residential structure is 30ft., however, the petition allows them to
request the minimum of 5ft.
Site plans displayed showed the location of the structures as well as site photos
and maps showing the Commercial Corridor (CC) down Kemp Boulevard with
residential uses to the east of that corridor. Mr. Medellin advised 26 property
owners were notified within the 200ft. notification area and received back a total of
3 responses; 2 in favor and 1 in opposition. Staff notes all elements are in
compliance with the zoning ordinance. The only request is the reduction in setback
for the storm shelters, which staff believes will have little impact as they will only be
used during stormy weather. There will be additional provisions to continue to
protect that residence from any future commercial development or changes of use
of the site of the storm shelters. With those provisions in place, staff recommended
the approval of a conditional use permit to allow for the reduction of the required
side interior setback by 25' with the following conditions:
1. The proposed structures within the required 30' setback of the residential
use shall only be used as a storm shelter until such time the adjacent
residence is redeveloped into a commercially or by the granting of a new
conditional use permit by the Planning and Zoning Commission.
2. Any proposed changes of use to the primary structure, while a single
family use exists, will need a conditional use permit for to allow for a new
use of the accessory structures equally or less impactful as the storm
shelters.
3. The submitted site plan, currently under review, must address all
outstanding corrections prior to the issuance of a building permit and
comply with all inspections for the issuance of a certificate of occupancy.
Vice-Chairman Woodward asked if the applicant was present and wished to make
a presentation. The applicant, was present and available for questions. Mr. Martin
asked if the storm shelters where required to have plumbing, generators, etc. Mr.
Tull stated exterior storm shelters are required by ICC to have plumbing fixtures
inside them. The storm shelters come with a solar powered system with a battery
back up to meet the minimum requirements. Mr. McCulloch asked how many
people the shelters could hold. Mr. Tull advised each shelter was designed to hold
75 students and staff. Mr. Vidmar asked who or what would regulate the usage of
the shelters to prevent them being used as over-flow class rooms. Mr. Medellin
Planning and Zoning 7 May 11, 2022
stated International Building Code (ICC) requirements and Texas Education
Requirements.
Mr. McKechnie, reminded the Vice-Chairman to allow for public comments. Vice-
Chairman Woodward opened the floor for public discussion. With no comments
and nothing further from the Commission Mr. Woodward called for a vote. Motion
passes unanimously with a vote of 8-0.
4. Case R 22-01 & R 22-02 — 6731 Southwest Parkway:
Consideration to recommend a permanent zoning designation of Mulit-
Family Residential (MFR) and a Land Use Plan classification of High
Density Residential for a petitioned annexation at (12.455 acres out of
Block 3, League 2, Denton County School Survey Abstract Number 417
Wichita County, Texas)
Applicant: Gene Dixon, GVD Brook Hollow, LLC.
Owner: Earth Homes INC.
Vice-Chairman Woodward opened the public hearing at 2:54pm and stated staff
had two separate petitions but would be presenting together and voting on them
separately. Mr. Medellin presented the case, showed the site plan to the
Commission and stated GVD is proposing to acquire 13 acres of land from Earth
Homes, Inc. located on Southwest Parkway, south of Kell Boulevard. The proposal
for the land is to build a 216-unit multi-family development, consisting of 9, 3-story
structures, and clubhouse.
When staff meet with the property owners and design team one item that stood out
was not all the property was located inside the City of Wichita Falls. Only the
access drive along Southwest Parkway is within city limits, the 12 '/2 acres beyond
that is outside in the unincorporated Wichita County. In order to offer access to city
utilities, the property must be annexed into the City of Wichita Falls. Staff, trying to
be as efficient as possible, are proposing the recommendation of a zoning
designation for the portion of land to be annexed. Typically, when a property is
annexed, there is a temporary zoning classification assigned of Single Family-1 . In
this first petition, staff would like to present the annexation ordinance with a
permanent zoning of Multi-Family Residential (MFR). The annexation petition is
scheduled to go before the City Council on June 7th, 2022 and staff would like to
seek out the Commission's recommendation to accompany that annexation
petition.
The second petition is for the portion that lies within City limits, which does have a
zoning designation of Single Family-2 (SF-2) and land use specification of Low
Density Residential. Staff feels that a Multi-Family Residential (MFR) zoning district
with a High Density Residential Land Use would meet the developments needs and
protect the residents from any potential future developments. The second petition is
request the Commission recommend the re-zoning from Single Family-2 (SF-2)
residential to Multi-Family Residential (MFR) and amend the Land Use Plan from
Low Density Residential to High Density Residential.
Planning and Zoning 8 May 11, 2022
The subject property is currently undeveloped and surrounded by residential uses
and undeveloped land. Mr. Medellin stated staff notified 7 property owners within
200ft. of the subject property with 1 response in favor and 1 response in opposition.
Staff recommends approval of the proposed rezoning request of +1- 0.545 acres at
6731 Southwest Parkway to Multi-Family Residential (MFR), and amend the Land
Use Plan designation to High Density Residential.
If approved, the applicant is subject to all other zoning and building code
regulations for commercial-related projects. Adhering to the zoning requirements
may help lessen the potential impact on the abutting and adjacent residential
neighborhood and include but are not limited to the following:
1. Prior to issuance of a Certificate of Occupancy, the new development
must submit plans for review, approval, and inspection prior to beginning
operations.
2. All outdoor lighting (Zoning Ordinance - Section 4650) must be directed
away from the residential areas north, south and east of the property.
3. Parking sufficient to meet the needs of the development per the standards
of Section 6200.
4. Increased setback requirements for non-residential uses adjacent to
single family uses as outlined in Section 4600.
5. Landscaping shall be provided to meet the needs requirements of Section
6800.
Vice Chairman Woodward called for a motion to approve the case, Mr. Martin
made a motion to approve with Mr. Vidmar seconding the motion. Mr. Woodward
asked if the applicant was present and wished to make a presentation. Mr. Mark
Leon of Cross Architects gave a background in the design teams previous builds
and specifications on the proposed complex and amenities.
Case R 22-02 — Annexation — 6731 Southwest Parkway
Mr. Woodward called for a vote on the petitioned request to recommend a zoning
designation of Multi-Family Residential (MFR) and a Land Use Plan classification of
High Density Residential (HDR) for a petitioned annexation at 6731 Southwest
Parkway. (12.455 acres out of Block 3, League 2, Denton County School Survey
Abstract Number 417 Wichita County, Texas).
Vice Chair Woodward asked if there were any comments from the public and then
from the Commission. Vote passed unanimously 8-0.
Case R 22-01 — Rezone — 6731 Southwest Parkway
Request to rezone +/- .545 acres of land located at 6731 Southwest Pkwy
(0.545 acres out of Block 3, League 2, Denton County School Survey Abstract
Number 417 Wichita County, Texas) from Single Family 2 (SF-2) to Multi-Family
Residential (MFR) zoning district and amend the Land Use Plan from Low
Density Residential to High Density Residential to allow for a 216 unit multi-
/ family development.
Planning and Zoning 9 May 11, 2022
Vice Chairman Woodward opened the public hearing at 2:55 pm. The applicant
was present but gave no further presentation. Mr. Woodward closed the public
hearing at 2:55pm. Mr. Pharries made a motion to recommend the rezone at 6731
Southwest Parkway. Mr. Grassi seconded the motion, the vote passed 8-0.
VIII. ADJOURN
Vice Chairman Woodward adjourned the meeting at 2:56p.m.
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David Cook, Chair an Date
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