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Planning and Zoning Commission Minutes - 07/11/2012i MINUTES PLANNING & ZONING COMMISSION July 11, 2012 PRESENT: L. O. Nelson, Chairman ♦ Members Warren Gardner • Deborah Morrow • Vicky Payne • R. C. Taylor • Jeff Browning • David Schmid • Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart. James McKechnie, Asst. City Attorney • Kevin Hugman, Asst. City Manager ♦ City Staff Bobby Teague, Deputy Dir. /Community Development Lydia Ozuna, City Clerk • Karen Gagne, Planning Administrator Marty Odom, Planner III • Monique Coleman, Planner II • Diane Parker • ABSENT: Stephen Anderson • John Harmon ♦ Alternate #1 John Kidwell • Karla Miller • Mary Ward ♦ Council Liaison I. CALL TO ORDER The meeting was called to order by Chairman Nelson at 2:00 p.m. Chairman Nelson then proceeded to make the following comments: a. This meeting is being broadcast live on Channel 11. 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. P & Z COMMISSION PAGE 2 JULY 11, 2012 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. Please silence all cell phone ringers 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. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. APPROVAL OF MINUTES Mr. Taylor made a motion to approve the minutes of the June 13, 2012 meeting; Ms. Morrow seconded. The Commission approved the minutes with a unanimous vote. IV. CONSENT AGENDA Public Hearing on Final Plat The Planning & Zoning Commission recommended approval of the following plat subject to the Standard Conditions of Approval for Final Plats and Replats and any specific conditions listed: Standard Conditions of Approval for Final Plat Provide utility and drainage easements as required by utility companies and Director of Public Works. Submit water and sewer plans; street; sidewalk; and drainage plans to the Director of Public Works and water plans to the Fire Marshall. 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 and provide utility easements as required by the Director of Traffic & Transportation. Note: Approval of a plat does not imply approval of development of property in violation of the Zoning Ordinance. Westmoreland Park Addition, Lot 6 -A, Block 11 [replat] (July 2012) 1. Show building limit line. (Planning) 2. Move variance statement out of signature block and locate next to flood statement. (Planning) 3. Label street and alley as "Prev. Dedi." (Planning) 4. Show dashed line between James Chandler and City of Wichita Falls lots as solid. (Planning) 5. Remove "s" in "Lots" in title. (Planning) 6. TxDOT shall approve all access points to State Highways. (TxDOT) P & Z COMMISSION PAGE 3 JULY 11, 2012 7. Property is currently served by an 8 -inch water main along York Street. (PubWorks) 8. Sanitary sewer must be extended to serve this property. Private services may not extend across an adjacent property. (PubWorks) 9. Please label the ROW associated with York Street as "Previously Dedicated ". (PubWorks) CARPORT: Case C 12 -26 Carport in the front setback 1608 Las Vegas Trail Arrowhead Roofing submitted a request to construct a carport in the front setback at 1608 Las Vegas Trail. There are three (3) homes within 200 feet of the perimeter of this property with carports in the front setback. Twenty -nine (29) surrounding property owners were notified of this request. Four (4) or 13.79% responded in favor and none (0) were opposed. Mr. Gardner made a motion to approve the Consent Agenda; Mr. Taylor seconded. The motion carried. V. REGULAR AGENDA Chairman Nelson explained the carport cases, C 12 -23 and C 12 -25, would be heard first followed by the remaining conditional use cases. 1. Case C 12 -23 Carport in the front setback 1808 Avalon Place Ms. Abigail Gutierrez requested conditional use approval to construct a carport in the front setback at her residence at 1808 Avalon Place. There was one (1) home within 200 feet of the perimeter of this property with a carport in the front setback. Sixteen (16) surrounding property owners were notified of this request. Two (2) or 12.50% responded in favor and one (1) or 6.25% was opposed. Mr. Martin Gutierrez stated he would like to build the carport in the front of his house to protect their cars. Mr. Taylor stated he did not see a problem with the carport. He asked if the individual who mailed the negative response was present; no one from the audience came forward. Ms. Ozuna stated Mr. Gutierrez stated he had no problems or comments. She further stated he asked for approval to build the carport. Chairman Nelson thanked Ms. Ozuna for translating on such short notice. Mr. Taylor made a motion to approve this carport; Mr. Gardner seconded. The motion carried. P & Z COMMISSION PAGE 4 JULY 11, 2012 2. Case C 12 -25 Request for conditional use approval to construct a commercial carport in the front setback in a Light Industrial (LI) zoning district 200 Galveston Street Arthur Construction Company requested conditional use approval to construct a commercial carport in two setbacks on a corner lot. The 25 foot setback on Galveston Street and the 25 foot setback on Mississippi Street are affected. There were no (0) properties within 200 feet of the perimeter of the property with carports in the setbacks. Thirteen (13) surrounding property owners were notified of this proposed construction. No (0) responses were received. Mr. Odom explained this carport was placed on the Regular Agenda since it was for a commercial building. Mr. Carey Lewis, Arthur Construction Company, was available for questioning. Mr. Taylor made a motion to approve this carport; Ms. Payne seconded. The motion carried. 3. Case C 12 -18 Request for conditional use approval for the expansion of an outdoor recreation facility by rebuilding horse stalls and adding a new pavilion and bunkhouse for overnight stays in General Commercial (GC) and Single Family -2 (SF -2) zoning districts. 3545 Parkhill Road Mary Elizabeth Pearce requested conditional use approval to expand an existing outdoor recreation facility located at 3545 Parkhill Road. She owns and operates Whispers of Hope Horse Farm. This farm is a non - profit facility designed to assist physically and mentally challenged youth from ages two (2) to 19 years through therapeutic horse riding at no cost to the child. All youth that reside in the eight (8) surrounding counties are eligible to participate in the program. This facility was developed in 2001 then approved by the Planning and Zoning Commission on February 14, 2001. Ms. Pearce would like to expand the facility to include a bunkhouse for overnight stays for the children. The proposal also includes camping for a group of up to 12 individuals for a four day period during the week. Other improvements proposed were a new pavilion, the demolition of existing horse stalls, and the replacement of new stalls for approximately 20 horses. Fourteen (14) surrounding property owners were notified of this request. Two (2) or 14.29% replied in favor; one (1) or 7.14% replied as opposed; and, two (2) or 14.29% replied as undecided /no opinion. Mr. Odom explained the two negative responses. One response stated this facility discharges gray water and there are numerous City ordinance violations. Mr. Odom stated the Health Dept. reviewed these complaints and there were no health violations at this time. Another comment noted a concern regarding the number of horses. The City's Animal Control office indicated the facility does not have any violations. Mr. Odom recognized Jimmy Garcia, with the Health Dept. and Steve Dodge with Animal Control and noted they were available for questioning. Ms. Pearce presented several large displays of photographs showing the children and volunteers at Whispers of Hope. She stated she has tried to follow all the rules and regulations to the best of her ability. This expansion will be advantageous to her operation. P & Z COMMISSION PAGE 5 JULY 11, 2012 Ms. Pearce stated the 20 -stall barn will consolidate three or four barns into one location on the property for the horses. She noted the safety measures being taken with this new addition including ease of access for children in wheelchairs and turn - feeders to avoid going into a stall. The three existing barns will be demolished which will also provide better parking. Ms. Pearce continued by stating the bunkhouse will be used for the seven weeks of summer camp, Tuesday through Friday, providing a place for children to learn about horses. An overnight camp is proposed to offer older children an opportunity to learn more about horses and for the parents to have some free time. The revenue from having cowboy campers would help support the program. Whispers of Hope provides their services free to the children and the employees are volunteers. Donations and grants help fund this operation. Ms. Payne asked about the negative comments. Mr. Odom stated there was a concern regarding gray water and other health concerns. She stated Whispers of Hope is a great asset to the community and this expansion would also be a benefit to Wichita Falls. Ms. Pearce explained a new program offering wounded soldiers the same benefits extended to children. The soldiers brush the horses, ride around the facility, or work on the farm. She felt this was beneficial in getting soldiers to be part of the community. Mr. Taylor commented there is a similar program in the Metroplex; he complimented Ms. Pearce on her endeavors. Mr. Gardner stated he has received several comments from people expressing the positive outcome from her program. Mr. Taylor asked Ms. Pearce about the negative comments. Ms. Pearce explained when there are heavy rains, she must run sump pumps to redirect the water away from surrounding neighbors' properties. She redirects this water into her pastures. Mr. Taylor stated that is a normal occurrence for people living in a country environment. Mr. Glen Veach, president of the board of directors for Whispers of Hope, stated this operation was started with a limited number of horses on a limited amount of land. Through the years, more horses were added and more buildings were constructed. This proposal will consolidate all the horses into one facility for the safety of the horses and volunteers, curb some of the veterinary expenses, and allow the children the ability to feed the horses and go into the stalls. He stated the board members have all worked diligently to reach this goal; similar programs in other locations charge for therapeutic riding. Mr. Veach commented Whispers of Hope is the only facility he knows that does not charge the children for riding. In order to maintain this benefit, the facility must be safe for all involved. Mr. John Reneau, 2005 Wenonah, stated he is vice president of the board and a physical therapist. He distributed the photo displays to the Commission for better viewing. Chairman Nelson stated the concerns expressed by the negative responses have been addressed by the Health Dept. and Animal Control. He thanked them for their appearance and participation in the meeting. Mr. Gardner made a motion to approve this conditional use request; Ms. Payne seconded. The motion carried. P & Z COMMISSION PAGE 6 JULY 11, 2012 4. Case C 12 -24 Request for conditional use approval to place a new manufactured home on a vacant lot in Residential Mixed Use (RMU) zoning 1607 Harrell Lane Ms. Zalema Fisher requested conditional use approval to construct a new 26 ft. x 52 ft. manufactured home on a vacant lot on Harrell Lane. This location is in Residential Mixed Use (RMU) zoning which allows manufactured homes with conditional use approval. The immediate area consists of residential homes built between the 1940's and 1960's. Staff felt this proposed use was compatible with the surrounding area and recommended approval with the condition that brick or stone skirting be installed prior to the issuance of a occupancy permit. Thirteen (13) surrounding property owners were notified of this request. Two (2) or 15.38% responded in favor and none (0) were opposed. The applicant was present and available for questioning. Mr. Taylor made a motion to approve this conditional use request; Mr. Gardner seconded. The motion carried. Ms. Payne stated she did not know how she felt about this case and requested to be neutral [not voting in favor or opposed]. Mr. Hegglund stated she is required to vote in favor or opposed. She can abstain from voting if she meets the criteria. She stated she would vote in favor. Chairman Nelson stated this conditional use request to construct the manufactured home at 1607 Harrell Lane was approved with the installation of appropriate skirting. 5. Case TA 12 -01 Proposed text amendment to the Sign Regulations section of the Zoning Ordinance to allow institutional signs to display a message using electronic light impulses. Periodically, the Planning staff receives inquiries from institutional uses such as schools and churches, within residentially zoned areas and within the Limited Commercial zoning district, regarding the use of digital displays on their signs. The current Sign Ordinance does not allow message center signs within residential or Limited Commercial zoning districts. However, it does allow institutions to have a single small sign with an area limitation of 32 square feet and a height limitation of 20 ft. tall. Message Center Signs allowed in commercial zones have a maximum area of 200 square feet. This proposal does not seek to allow Message Center Signs within residentially zoned and Limited Commercial areas, but to allow an institutional sign within these zones to display its message through electronically controlled light impulses. This proposed amendment also increases the number of allowed institutional signs from one sign per street frontage to two signs per street frontage. Staff did a survey of existing institutions within residential and LC districts, and found the community standard set prior to adoption of the Zoning Ordinance in 1985 is typically one monument type sign and a reader board sign. This proposal will allow one of the two signs to display a message electronically. P & Z COMMISSION PAGE 7 JULY 11, 2012 Included in this proposed amendment is the image of a digital sign that is placed within 200 ft. of a residence be required to have a still image for a period of at least 5 seconds. This is achieved by the addition of a new Note 10 under Table 6741 of the Sign Ordinance. Mr. Odom presented photographs explaining various properties consisting of churches and schools throughout Wichita Falls with monument and reader board signs. He stated this amendment would allow the reader board signs to show digital messages. Mr. Taylor stated he is in favor of this request and it would be beneficial for the city to have digital signage. Chairman Nelson asked what precipitated this change in signs. Mr. Odom stated there have been requests in the past but the ordinance did not permit digital signs. The school board has recently asked to change their reader boards to digital format. Mr. Gardner asked if this change was for all residential. Mr. Odom explained it would be for institutions within residentially zoned districts. He noted schools and churches are permitted within residential zones. Ms. Morrow asked what the cost would be to change to the digital format. Mr. Odom stated he did not know and it would be the school board's responsibility. Chairman Nelson agreed with Mr. Taylor by stating digital technology is the latest trend for signs. Other commercial businesses such as gas stations, liquor stores, and other commercial businesses have gone digital. Mr. Gardner made a motion to recommend approval of this proposed text amendment to the Sign Ordinance; Mr. Taylor seconded. The motion carried. VI. OTHER BUSINESS City Council Update Mr. Odom stated no items from this Commission were presented to Council since the last Planning and Zoning Commission meeting. VII. ADJOURN The meeting adjourned at 2:41 p.m. Warren ardner for L. O. Nelson, Chairman ATTEST: O Marty Odom, Dept. o ommunity Development i Z Date Date RECEIVED IN CITY CLE 'S OFFICE DATE: B IME: