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Planning and Zoning Commission Minutes - 03/13/2002 MINUTES RECEIVED IN CITY CLERK'S OFFICE PLANNING &ZONING COMMISSION Date V El'nD3-�� March 13, 2002 By it Time /6: PRESENT: Cliff Berg, Vice Chairman ♦ Ken Birck • J. C. Bradberry • Alternate#1 L. O. Nelson ♦ Danny Richardson ♦ Bill Rowland ♦ Johnny Burns • Council Liaison David A. Clark, Director of Community Development • City Staff Steve Seese, Planning Administrator • Paul Stillson, Planner II • ABSENT: David Rhone, Chairman • Members Lin Purtle • Susan Wood Reeves • Rusty Sons • Jim Chase • Alternate#2 I. CALL TO ORDER The meeting was called to order by Vice Chairman Berg at 2:00 p.m. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. APPROVAL OF MINUTES Mr. Richardson made a motion to approve the minutes of the February 13, 2002 meeting. Mr. Nelsor seconded the motion. The minutes were approved with a unanimous vote. IV. CONSENT AGENDA 1. Public Hearing on Preliminary Plats The Planning & Zoning Commission recommended approval of the following plat(s) subject to the Standard Conditions of Approval for Preliminary Plats and any specific conditions listed below: Standard Conditions of Approval for Preliminary Plats • Provide utility and drainage easements as required by utility companies and the Director of Public Works. Planning&Zoning Commission March 13,2002 • Submit water and sewer plans to the Utilities Engineer; water plans to the Fire Marshall and stree sidewalk and drainage plans to the Director of Public Works. Drainage plans must be complete enoug to include impact on surrounding property and include detention facilities as required by Director c Public Works. • Coordinate street lighting plan and provide utility easements as required by the Director of Traffic anc Transportation. • Submit two (2) copies of corrected preliminary plat to Planning Division before final platting. Note: Approval of a plat does not imply development of property in violation of the Zoning Ordinance. Islamic Center Addition (March '02) a. Show topographic contours. b. Assure that the street dedication includes the entire existing Trigg roadway. c. Lot served by sewer. (PUBLIC WORKS) d. No water service exists —extend water service. (PUBLIC WORKS) e. Comply with curb and gutter ordinance. (PUBLIC WORKS) f. Comply with stormwater detention ordinance. (PUBLIC WORKS) 2. Public Hearing on Final Plats The Planning & Zoning Commission recommended approval of the following plats subject to the Standar( Conditions of Approval for Final Plats and Replats and any specific conditions listed below: • Provide utility easements as required by utility companies and Director of Public Utilities, anc drainage easements as required by Director of Public Works. • Submit water and sewer plans to the Utilities Engineer; water plans to the Fire Marshall; and street sidewalk and drainage plans to the Director of Public Works. Drainage plans must be complete enough to include impact on surrounding property and include detention facilities as required by Director of Public Works. • Coordinate street lighting plan with Director of Traffic & Transportation, if underground electric utilities are to be provided. Note: Approval of a plat does not imply development of property in violation of the Zoning Ordinance. Islamic Center Addition, Block 1, Lot 1 (March '02) a. Provide utility slips. b. Give title or position of individual signing plat. c. Check point of beginning and field notes for continuity. d. Show dedication of Trigg Road by Bennett Subdivision on the north side of street. e. Assure that the street dedication includes the entire existing Trigg roadway. f. Set iron rod at new property line. g. Lots served by sewer. (PUBLIC WORKS) h. Extend water service (no water service exists). (PUBLIC WORKS) i. Comply with curb and gutter ordinance. (PUBLIC WORKS) j. Comply with stormwater ordinance. (PUBLIC WORKS) Mr. Bradberry made a motion to approve the Consent Agenda. Mr. Richardson seconded the motion. The Consent Agenda was approved with a unanimous vote in favor. Planning&Zoning Commission March 13,2002 V. REGULAR AGENDA 1. Carport 2512 Carrigan Case C 02-06 Mr. Richardson made a motion to approve this carport request. Mr. Nelson seconded the motion. Thirty-three surrounding property owners were notified of this request. Six (6) replied in favor and none (Q were opposed. Mr. Birck stated that the neighborhood seemed to be in favor of this request. He commented that ther should be no reason to deny this request. The vote was unanimous in favor of granting this carport request. 2. Establish a Liquor (Package) Store 2601 Kemp Blvd. Case C 02-07 Applicant Brian Landrum, Beverly Liquor Store, L.P. Requested Action Conditional Use Permit Purpose Package Liquor Store Property 2601 Kemp Blvd., Lots 17-A, Block 18-A, Highland Addition Zoning General Commercial Existing Land Use Commercial Buildings being remodeled Surrounding Land Use & Zoning N: Building Center, GC S: Kell Blvd, GC E: Vacant Fire Station, GC W: Office Plaza, GC ANALYSIS: The applicant is requesting approval to establish a package liquor store in part of an existing building that is being remodeled for use as a convenience store. The property is zoned GC, a zone where a package liquor store requires a conditional use permit. The site plan shows that the west portion of the convenience store building will be used for the package store. It will be in its own space with a wall separating it from the rest of the building and will have its owr entrance. The area surrounding this site is developed with commercial uses on this high traffic intersection. A package store is subject to state regulations limiting days and hours of operation. These rules, which are enforced by the Texas Alcoholic Beverage Commission, also include a prohibition on unaccompanied minors and a ban on consumption of alcohol on premises. DEVELOPMENTAL REQUIREMENTS: All developmental requirements apply. STAFF RECOMMENDED CONDITIONS: Staff recommends approval of this conditional use permit. Mr. Nelson made a motion to approve this conditional use request. Mr. Nelson seconded the motion. Planning&Zoning Commission March 13,2002 Six surrounding property owners were notified of this request. One (1) was in favor and none (0) wer opposed. The applicant, Mr. Bob Buss, was present and available for questioning. Mr. Nelson asked if this package store was part of the convenience store. Mr. Seese commented that it i part of the store. Mr. Buss stated the businesses were separated by a wall and owned by different owners. The vote was unanimous in favor of approval. 3. Construct a Carpet Retail Warehouse and Parking Lot 2180 & 2186 Kell Blvd. Case C 02-08 Applicant Robyne Simpson Requested Action Conditional Use Permit Purpose Carpet Retail Sales and Parking Lot Property 2180 and 2186 Kell Freeway Zoning Limited Commercial Existing Land Use Vacant Land Surrounding Land Use & Zoning N. Residences, SF-2 S: Kell Frwy., LC E: Kell Frwy., LC W: Residences, SF-2 ANALYSIS: This is a request for retail sales in a Limited Commercial zoning district. The applicant wishes to build a 4,426 sq. ft. new building to house and sell carpet. This development consists of two vacant lots that fron Kell Freeway. One lot is to the east of Shepherd Street and the other lot to the west of Shepherd Street The west lot will be used for the building and the lot to the east will be used for parking. The Zoninc Ordinance allows up to 50% of the required parking to be offsite if it is within 300 feet of the business. The proposed design will have five of the seven required parking spaces on site and an additional five spaces on the lot to the east, which is within 300 feet of the west lot. DEVELOPMENTAL REQUIREMENTS: This is a vacant lot and all developmental requirements apply. The following additions shall be made to the site plan: 1. Show six foot tall privacy fence along SF-2 zoning boundaries. 2. Show landscaping areas and label trees STAFF RECOMMENDATION: Staff is concerned about the size of the proposed building. The Limited Commercial district was intended for small commercial (1,200 sq. ft. or less), but allowed consideration for a larger structure. The proposed building is more than two and one-half times the size of the maximum allowed without a Conditional Use Permit. Even with a Conditional Use Permit, staff feels that it is too intrusive into the neighborhood, and therefore may be better suited at another location, or the structure size substantially reduced. Mr. Birck made a motion to approve this conditional use request. Mr. Rowland seconded the motion. Mr. Seese explained that restricting commercial square footage in Limited Commercial was designed to minimize and deter some of the obtrusive uses. Planning&Zoning Commission March 13,2002 Twenty surrounding property owners were notified of this request. None (0) were in favor and seven (7 were opposed. Mr. Lesley Simpson, 4510 Mimosa Street, stated that his family has owned the property since 1989 and wa not aware that previous conditional use requests were made. Mr. Seese stated that a conditional use perm was granted in 1990 for a 2,800 square foot building but it expired. Mr. Simpson also commented that pai of the parking would be on the northwest portion of the property by the store then the balance would bi across Sheperd Street. When traffic was discussed, Mr. Simpson stated that there would probably be onl' two or three customers at one time. To questioning, Mr. Simpson responded that he could reduce th4 building size to 2,800 square feet. Mr. David Turnbow, contractor for the applicant, stated the proposed building was designed to store carpe as well as contain a showroom. Exhibits from the previous requests were displayed for the Commission; Mr Stillson stated that previously a smaller building on the eastern portion was proposed as well as a large building on the west side. Mr. Birck commented that warehousing is not a permitted use in LC. He stated that Kemp Street has beer zoned Limited Commercial and General Commercial with residential abutting both zones. He then states that he did not see this business being able to function with a smaller building because of the size of the product they sell. This should be considered and it does not appear to be in the best interest of the neighborhood. Mr. Rowland asked how much of the building would be display and storage. Mr. Simpson stated that i would be one open building with a separation between the front showroom and the rear of the building. HE then stated the showroom would be 1,000 square feet leaving 3,400 square feet for the rest (warehouse). Vice Chairman Berg asked if there was a specific size for this building that staff could recommend. Mr Seese first noted that other businesses located along Kell, such as Remax and mini-warehouses, are in General Commercial zoning. He commented that the neighborhood responses were received from property owners to the north and west. He then remarked upon the Commission's caution in their discussion o1 considering and recommending a reduced size for the building. Mr. Seese noted that traffic counts in that area were low and he did not consider that an obstacle. Compatibility with the neighborhood seems to be a serious consideration and 2,800 square feet would obviously be better than 4,400. Mr. Clark commented that staff would be satisfied with a building of 1,200 square feet. Mr. Richardson stated that any business locating there will generate some traffic. He noted that some of the negative responses had invalid complaints, i. e. flood control. Mr. Seese also commented that a fully functioning site plan had not been submitted; deliveries and loading issues should also be considered. Mr. Nelson stated this building appears to be shoe-horned into a confined space. He stated he was not convinced this plan would work in this location. He suggested the applicant submit another plan for that location. The vote was none (0) in favor and six (6) opposed. The conditional use request was denied. 4. Convert a Nonconforming Restaurant to a Coin Operated Amusement Machine Establishment 3800 Kell Freeway Case C 02-09 Planning&Zoning Commission March 13,2002 Applicant Cole R. Case Requested Action Conditional Use Permit Purpose Coin Operated Amusement Machines Establishment Property 3800 Kell Freeway Zoning Limited Commercial Existing Land Use Vacant Commercial Building Surrounding Land Use & Zoning: N: Residences, SF-2 S: Kell Blvd., LC E: Insurance Office, LC W: Residences, SF-2 ANALYSIS: This site fronts Kell Freeway and has been several restaurant and restaurant-bar combinations throughou the years. The last use was a bar and grill and it closed around June, 2001. The applicant wishes to renovate the building for a coin operated amusement machines establishment Coin operated amusement machines are not a permitted use within a Limited commercial zoning district However, Section 6140 of the Zoning Ordinance allows a conversion of a non-conforming use to anothe non-conforming use under the conditional use process provided that the "noise, odor, refuse, traffic volume: and patterns, hours of operation, parking requirements and other factors are similar or less intense." The parking requirement for bars and restaurants is one space per 100 sq. ft. of the building. The parkins requirement for a coin-operated amusement machines establishment is less restrictive with a requirement o one per 125 sq. ft. This building is 2,520 sq. ft. and requires 20 parking spaces for this use. The site play submitted by the applicant shows 24 spaces. RECOMMENDATION: Staff feels that this use will be less intense than previous uses and recommends approval of the conditional use permit. Mr. Rowland made a motion to approve this conditional use request; Mr. Nelson seconded the motion. The applicant was present and available for questioning. Mr. Birck stated he had no problem with granting this conditional use request. Mr. Bradberry stated he also approved. The vote was unanimous in favor of approval. 5. Parking Lot in Limited Commercial 1723 Eighth Street Case 02-10 Applicant David Potter, Architect Requested Action Conditional Use Permit Purpose Parking Lot in LC. Property Eighth Street, Lots 16, 17 & 18, Block 1,Downing Subdivision Zoning Limited Commercial Existing Land Use Residences Surrounding Land Use & Zoning N: Residences, LC Planning&Zoning Commission March 13,2002 S: Neurology Clinic, GC E: Vacant, Residences, LC W: Beauty Shop, LC ANALYSIS: The applicant is requesting approval to construct a parking lot on this Limited Commercial site. The additional parking will serve the Neurology Clinic across the alley to the south. In an LC zone, an accesson to a medical use over 1,200 square feet in size requires a conditional use permit. The site plan shows eighty-eight new parking spaces. The area surrounding this site is developed witl- residential and small commercial uses. In addition, applicant has also applied for a variance to allow more than fifty-percent of the parking to be off-site. DEVELOPMENTAL REQUIREMENTS: The parking lot site plan should be modified to show a five-foot landscaping strip and to place the trees or the property rather than in the right-of-way. Sidewalks will be required along all street frontages. STAFF RECOMMENDED CONDITIONS: Staff recommends approval of this application conditional upon the approval of the variance for the percent of off-site parking. Mr. Richardson made a motion to approve this conditional use request. Mr. Birck seconded the motion. Twenty surrounding property owners were notified of this request. One (1) replied in favor and one (1) was opposed. Mr. Seese noted that a variance would also be required because over 50% of the parking for this clinic will be off-site. He requested that the Commission place a condition on the approval that it is contingent upor obtaining a variance. The vote was unanimous in favor of approval. 6. Construct Duplexes in SF-2 1909 to 1915 (odd numbers) Morrow Street Case 02-11 Applicant Bill McGregor Requested Action Conditional Use Permit Purpose Duplexes SF-2 Property 1909-1915 Morrow Street, Lots 21-24, Block 4, Harrison Subdivision Zoning Single-Family Residential - 2 Existing Land Use Vacant Land Surrounding Land Use & Zoning N: Marrow Street, Kell Blvd., LC S: Residences, SF-2 E: Residences, SF-2 W: Residences, SF-2 ANALYSIS: The applicant is requesting approval to construct a single duplex on these four vacant lots. The lots front on Marrow Street and are zoned single family-2, a zone where duplexes require a conditional use permit. Previously the owner had requested multifamily zoning for this property, with the intention of building a quadruplex on the larger middle lot. Planning&Zoning Commission March 13,2002 The initial rezoning request received considerable opposition from the neighborhood, with concerns about possible multi-story development. The developer has stated that these duplexes units will be similar tl duplexes in the general area and plans to present additional information concerning this project at the Planning and Zoning Commission meeting. DEVELOPMENTAL REQUIREMENTS: These are vacant lots and all developmental requirements including fencing, etc. apply. STAFF RECOMMENDED CONDITIONS: Staff recommends approval of this conditional use permit with the condition that the structures shall be of a brick construction. Mr. Bradberry made a motion to approve this conditional use request. Mr. Nelson seconded the motion. Twenty-one surrounding property owners were notified of this request. Three (3) were in favor, four (4', opposed, and one (1) responded as "other". Mr. Bill McGregor, applicant, stated that he has altered his previous plan by changing all structures tc duplexes. An eight-foot fence on the Kell side of the property will be constructed with large shrubs added a; a visual and audial barrier. He assured the Commission that he would construct one-story, brick duplexes. Mr. Nelson asked if Morrow Street would be upgraded to include curbs. Mr. McGregor stated he was no aware of the City's plans. Mr. Seese stated there are no plans for improvements. If the property were to bE replatted, curb, gutters, and sidewalks would be required. Mr. McGregor described the properties as havinc driveways for all duplexes to exit onto Morrow. Ms. Carol Robison, 2000 Ardath at Morrow, stated that Morrow was not wide enough for two cars at the same time. She stated concerns for appearance and repaving Morrow. It was suggested she contact Public Works about paving issues and street closure suggestions. Another concern she had was the increase in traffic. Mr. Birck stated he had no problem with this project. The vote was unanimous in favor of approval of this request. 7. Proposal to Change the Name of Lake Road to Kemp Boulevard ANALYSIS: This is a proposal to rename Lake Road to Kemp Blvd. Renaming Lake Road to Kemp Blvd. will create continuity by having a single street name from Seymour Hwy. to the city limits just southof the Lake Wichita Dam. Presently there are approximately 75 lots along Lake Road that have a Lake Road address. Letters have been sent to these property owners and the responses will be presented during the meeting (see attached letter). Mr. Birck made a motion to recommend to City Council to approve this name change request. Mr. Nelson seconded the motion. Seventy-five property owners whose property fronts Lake Road were notified of this request. Thirteen (13) replied in favor and seven (7) were opposed. Mr. Seese presented a map showing the properties that responded. Planning&Zoning Commission March 13,2002 Mr. Seese stated that this change would provide continuity within the retail sector. The County Judge ha agreed to place signage on the stretch of road from Highway 79 to the city limits. Mr. Rod Tieken, 4726 Lake Road, stated that his opposition concerned the reprinting of letterhead an notification of his large client list. Mr. Nelson asked how long the Post Office would forward mail. Mr. Seese replied that it was one year. HE also mentioned that the Post Office is no longer recognizing alpha-based addresses. Mr. Nelson state knowing there are plans to divide, widen and make this street a business corridor, it makes sense to hav this continuity. Mr. Clark added that this was a City initiated request because of these pending changes. The recommendation for this name change passed with a unanimous vote in favor. VI. OTHER BUSINESS 1. City Council Update a. Street Name change from Athletic Drive to Langford Lane b. Rezoning of 4303 Rivercrest Drive to Limited Commercial Mr. Clark stated that Athletic Drive was changed to Langford. He also stated the rezoning on Rivercrest wa approved. 2. Staff/Commission Discussion Mr. Seese distributed the volunteer stars awarded to members of the Commission who had not previously received them. Mr. Seese stated that HB 1455 passed by the 77th Legislature states that there will be regulation regarding, platting in the County. An interlocal agreement has been prepared forWichita, Archer, and Clay Counties and will be presented to them. The City currently enforces platting requirements in the ETJ. The Cit] consensus is to regulate to the previous ETJ which was 3-1/2 miles from the City limits. It was suggested tc have divide the ETJ into two levels; Level I being within the City limits and 3-1/2 miles out. Level II woulc consist of land 3-1/2 miles to 5 miles from the City limit boundaries. These changes will require modifications to the Subdivision Regulations. Mr. Seese stated there will be a workshop meeting or Wednesday, March 27, 2002, to review the proposed changes. Another area of concern to be addressed in these changes will be the addition of a provision for lien holdei recognition of a dedication or exaction on a property. Lien holder will be required to acknowledge platting, activity. Mr. Seese requested that members not attending the workshop to submit their changes in writing to the Planning office. VII. ADJOURN The meeting adjourned at 3:20 p.m. David Rhone, Chairman Date ATTEST: Planning&Zoning Commission March 13,2002 Steve Seese, City Planning Administrator Date Planning&Zoning Commission March 13,2002