Planning and Zoning Commission Minutes - 08/10/2022 MINUTES
PLANNING & ZONING COMMISSION
August 10, 2022
PRESENT:
David Cook •Chairman
Michael Grassi •Member
Blake Haney •Member
Steve Lane •Member
Matt Marrs •Alternate No.2
Wayne Pharries •Member
Jeremy Woodward ♦Vice-Chair
James McKechnie, Deputy City Attorney •city Staff
Terry Floyd, Development Services Director • city Staff
Fabian Medellin, Planning Manager •City Staff
Christal Ashcraft, Development Services Admin. Assist. •City Staff
Cedric Hu, Planning Technician •City Staff
ABSENT:
Mark McBurnett •SAFB Liaison
Doug McCulloch •Member
Noros Martin • Member
Cayce Wendebom • Member
Steve Wood •Alternate No.1
Councilor Whiteley •Council 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.
Planning and Zoning 2 August 10, 2022
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.
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. Michael Grassi made a motion to adopt the July 13, 2022, minutes. Mr. Wayne
Pharries seconded the motion. The motion was passed unanimously, 6-0
VII. CONSENT AGENDA
Case P 22-14— G. Tompkins Addition, Lots 1-3, Block 1
Case P 22-15 — Wichita Falls Business Park, Lots 6 &9
Case P 22-16 — J. L. Powell Estate, Lot 2, Block 5U
Chairman Cook asked if anyone had an item to be moved to the regular agenda.
Nothing to be moved. Mr. Wayne Pharries made a motion to approve the consent
agenda. Mr. Blake Haney seconded the motion. Motion passed unanimously, 6-0.
VIII. REGULAR AGENDA
1. Case C 22-15 —4613 Cove Road:
Consider taking action on a conditional use to allow for a carport in the
front setback in a Single Family-2 (SF-2) zoning district.
Applicant: Rance Hogue
Owner: Brian Clark
Mr. Michael Grassi made a motion to approve the case. Mr. Blake Haney seconded
the motion. Mr. Cedric Hu presented the case and stated the applicant and
contractor, Mr. Rance Hogue had met with staff regarding this petition to construct.
a 8ft. X 20ft. carport in the front setback at 4613 Cove Road.
The subject property is a single family residence located in a Single Family-2 (SF-2)
zoning district in the southwestern part of Wichita Falls. The residence is near Lake
Wichita, west of Lake Wichita Park,
The proposed carport will be constructed to the front property line, 6ft. from the side
property line with 4, 8ft. support columns. In a review of the neighborhood, 9 other
carports within 200ft. were discovered.
Planning and Zoning 3 August 10, 2022
Staff notified 31 property owners within 200ft. of the residence and received back a
total of 5 responses, all in favor of the proposal. Staff recommends approval of this
Conditional Use carport request for 4613 Cove Road 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 codes and ordinances.
Chairman Cook asked if the applicant was present and wished to make a
presentation. The applicant, was present for Commission questions, but gave no
presentation. Mr. Cook asked if there were any comments from the public. With no
comments, Chairman Cook closed the public comments and opened the floor for
the Commission. With no other questions Chairman Cook called for a vote. The
motion passed unanimously with a vote of 7-0.
2. Case R 22-02 — 1811, 1825 & 0 East Central Freeway:
Public hearing to consider taking action on a proposed rezone at 1811 E.
Central Fwy. (Lot 2, Block 1, Knox Addition), 1825 E. Central Fwy. (14.54
Acres of Block 16, Kemp & Newby Subdivision of DCSL A-33) and 0 E.
Central Fwy. ( 10 Acres out of Lot 1, Block 1, Knox Addition) from General
Commercial (GC) to Light Industrial (LI) zoning district and amend the Land
Use Plan from Commercial to Light Industrial to allow for the development
of a heavy equipment sales and service center.
Applicant: Steve Lin, CDS Muery
Owner: PC5 Properties, LLC
Chairman Cook opened the public hearing at 2:05 pm concerning case R 22-02.
Mr. Fabian Medellin presented the case and stated the petition for rezoning would
allow for a new dealership of busses and semi-trucks as well as a service station
for those vehicles.
Mr. Medellin advised the current zoning of the property was General Commercial
(GC) which did not allow for the sales and service of those vehicles. The zoning
ordinance does differentiate between heavy equipment sales and service versus a
standard passenger vehicle.
Mr. Medellin stated staff met with the applicant, Mr. Steve Lin, Civil Engineer for
CDS Muery to discuss the proposed dealership. During that time staff outlined the
allowed uses in General Commercial (GC) and the potential to rezone to a Light
Industrial (LI) district to allow for the proposed use.
The subject property is a combination of three lots, approximately 28.5 acres
located on US Central 287 East frontage road, east of Windthorst Road and west
of McKinney. All of the proposed land is undeveloped with adjacent uses to the
north being a manufactured home park, to the east, industrial uses along the
frontage leading back to the Industrial Business Park. To the south are
Planning and Zoning 4 August 10, 2022
undeveloped land out to the city limits and to the west, along the frontage,
commercial uses and behind that a residential subdivision. Mr. Medellin advised
the Commission the proposed dealership would be developed on the parcel
addressed as 1811 Central Freeway and no other development on the other
parcels at this time.
The proposed site plans showed an approximately 15,000 sf. dealership for sales
and service. A map of current zoning district designations and uses was displayed
as Mr. Medellin stated the proposal was to extend the Light Industrial (LI) zoning
district to the east, to encompass the 3 properties, all 28.5 acres.
Prior to meeting with the applicants, staff identified this zoning issue as a potential
barrier of the development of the site. Staff looked at the site, the proposed use,
adjacent uses, some of recent development in the area and how the rezone would
affect all areas. Staff determined all recent development and re-development as
happened to the east and was all industrial uses leading back to the Business Park.
There are a couple of other commercial uses industrious in nature, contractor
offices and yards to the north side of the residential district and to the west, Big
Texas Truck & Trailers abutting the subject property. While staff reviewed the
development over the last few years and the trend of what would happen in the
future, it was believed the Business Park being one of the cities employment
centers would grow and there is a need for compatible and symbiotic uses to
support the Business Park. Mr. Medellin advised there were already several heavy
equipment dealers along US 281 and with those trends, staff supports the
proposed rezone.
Mr. Medellin stated staff notified 30 adjacent property owners and received back 2
responses, one in favor and one opposed. The citizen in opposition was concerned
about dust from construction, in which staff believes the acreage buffer will
eliminate this concern.
Staff recommends approval of the proposed rezoning request of +/- 28.54 acres at
1811, 1825, and 0 E. Central Freeway to Light Industrial (LI), and amending the
Land Use Plan designation to Light Industrial.
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, and 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.
Planning and Zoning 5 August 10, 2022
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.
Chairman Cook asked if there was anyone from the public that would like to
comment. Ms. Laura Liles and companion, 2707 South Bandera Drive, had various
questions and concerns Mr. Medellin answer. With no other comments, Mr. Cook
closed the public hearing at 2:18 pm and asked for a motion to open the item for
discussion. Mr. Wayne Pharries made the motion with Mr. Blake Haney seconding.
There was no discussion among the Commission. Chairman Cook called for a vote
from the Commission. The vote was 7-0 in favor of the rezoning recommendation.
3. Case R 22-03 — 1304 & 1400 Trout Street:
Public hearing to consider taking action on a proposed rezone at1304 Trout
St. (+1- 1.98 Acres out of Block 5, J.A. Scott Survey, No. 12, Abstract 269)
and 1400 Trout St. (+1- 5.34 Acres out of Block 6, J.A. Scott Survey, No. 12,
Abstract 269), from Single Family-2 (SF-2) to Planned Unit Development -
Mixed Use (PUD-MU) zoning district to allow for civic centric development
offering community social services and housing.
Applicant: Pastor Kenneth Williams & Dr. Cinterea Grace-Williams
Owner: New Haven Christian Church and Sahara Enterprises
Chairman Cook opened the public hearing at 2:19 pm concerning case R 22-03.
Mr. Fabian Medellin presented the case and stated this proposed rezone request
was not for a standard district, but rather a Planned Unit Development (PUD). Staff
met with Pastor and Dr. Williams to discuss the potential development at 1400
Trout Street. The subject property currently has a structure located on it, a former
elementary school and has more recently been used as a church. The applicants
long-term, phase 1 plan, is to occupy this structure and remodel it to apartments
and community center. Their phase 2 plans are to develop the remaining acres of
1400 and 1304 Trout Street into more apartment units.
The site is located on Trout Street, between Harding and Martin Luther King Jr.
Boulevard, south of Booker T. Washington Elementary School. Mr. Medellin stated
the majority of the property at 1400 Trout Street was undeveloped, except for the
former school and all of 1304 Trout Street remained undeveloped. The existing
adjacent uses are residential, with a large apartment complex to the east and other
non-residential uses further north and south.
The proposal for the apartments is a total of 101 units, 15 inside the former school
and 86 of them being brand new. Staff feels this doesn't meet the current zoning
district of Single Family-2 (SF-2) and to try to petition to a different district would fall
in the realm of "spot zoning". The proposed floor plan of 9,000sf. located at former
school would be the 15 apartment units. The 14,000sf. would be remodeled into a
community center to support their two existing non-profits, the Williams Master's
Planning and Zoning 6 August 10, 2022
School of Theology and 619 Productions Art Center. Space will also be offer to
other non-profits to possibly use as a meeting space. Mr. Medellin stated the
owners are also looking to incorporate a food pantry. The old auditorium for the
elementary school will be maintained and repurposed to allow for an event venue
for their non-profit art productions and other community events, as well as a
commercial kitchen.
Mr. Medellin stated these uses did not fit the Single Family-2 (SF-2) zoning district
and staff could not rezone to General Commercial (GC) as this would be
considered "spot zoning". Residential Mixed Use (RMU) was also considered,
however, there are many properties between that district and the subject property
that would have had to be included in the rezoning petition. If the rezone to
Residential Mixed Use (RMU) had been accepted and recommended by the
Commission and approved by City Council, the owners would have had to come
back before the Commission to request a conditional use permit as their uses are
not allowed by right. Staff studied the allowed uses in the Single Family-2 (SF-2)
zoning district, those allowed by right, which are residential but also a number of
civic uses. When examining the uses and how they related to each other, staff
believed the relationship to the comprehensive plan and the nature and degree if
impact up neighboring lands, the Planned Unit Development (PUD) would best fit
the community needs.
Mr. Medellin advised the Commission one thing he did want to modify was the open
space requirement, which typically requires apartment complexes to dedicate 20%
of their property to open space. Staff wanted to afford the immediate residential
neighbors more protection from the proposed uses by requiring 30% open space,
and the owners have agreed to this requirement.
Staff notified 42 property owners within 200ft. of this proposal and received a total
of 3 responses, all in opposition to this rezone. Those opposed voice concerns of
housing homeless and increased traffic and taxes in the area. Staff was able to
contact one of the opposing residents and explained these units would not be for
homeless and the taxation process from the Wichita County Appraisal District.
Staff recommends approval of the proposed rezoning request of +/- 7.32 acres at
1304 & 1400 Trout Street to Planned Unit Development — Mixed Use (PUD-MU). 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, and 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.
Planning and Zoning 7 August 10, 2022
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.
Chairman Cook asked if there was anyone from the public that would like to
comment. With no other comments, Mr. Cook closed the public hearing at 2:31 pm
and asked for a motion to open the item for discussion. Vice-Chair, Jeremy
Woodward made the motion with Mr. Blake Haney seconding. There was no
discussion among the Commission. Chairman Cook called for a vote from the
Commission. The vote was 7-0 in favor of the rezoning recommendation.
IX. ADJOURN
Chairman Cook adjourned the meeting at 2:31 pm.
fitio" 4171/
Je 'y • o•- ard, Vice-Chairman Date
Terry loyd, Director of Development Services Date