Planning and Zoning Commission Minutes - 04/11/2012MINUTES
PLANNING & ZONING COMMISSION
April 11, 2012
PRESENT:
L. O. Nelson, Chairman
♦ Members
Stephen Anderson
♦ Alternate #2
Warren Gardner
John Harmon
John Kidwell
Karla Miller
Vicky Payne
David Schmid
R. C. Taylor
Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart.
Kevin Hugman, Asst. City Manager ♦ city staff
Karen Gagne, Planning Administrator
Marty Odom, Planner
Beau Morris, Intern
Diane Parker
ABSENT:
Jeff Browning ♦ Alternate #1
Deborah Morrow
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.
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.
P & Z COMMISSION PAGE 2 APRIL 11, 2012
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Mr. Harmon made a motion to approve the minutes of the March 14, 2012 meeting; Ms. Miller
seconded. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
Public Hearing on Final Plats
The Planning & Zoning Commission recommended approval of the following plats subject to the
Standard Conditions of Approval for Final Plats and Replats and any specific conditions listed:
Standard Conditions of Approval for Final Plats
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.
PLATS:
Parkstone Addition, Lot 2, Block 1 (April 2012)
a) Dedicate an additional 5 ft. of right -of -way along Rathgeber Road to meet the
Thoroughfare plan. (Plan /Public Works)
b) Label plat title as: Lots 2 & 3, Block 1, Parkstone Addition. (Plan)
c) Add Secretary signature line under Chairman. (Plan)
d) Change Planning Board to: "Planning and Zoning Commission ". (Plan)
e) Label new easements as "Herein Dedicated" and existing easements as "Previously
Dedicated ". (Plan /Public Works)
f) Site is currently served by Public water. (Public Works)
g) Sanitary sewer will need to be extended to serve this site. There is a 6 -inch SS line
across Rathgeber in the Highpoint Subdivision and a 6 -inch SS line at the intersection of
Professional and Rathgeber which potentially could be extended.
h) Compliance with all stormwater detention requirements, in accordance with the City
ordinance and criteria, which must be met. (Public Works)
P & Z COMMISSION PAGE 3 APRIL 11, 2012
2. Westmoreland Park Acreage, Lots 3 -A & 4 -13, Block 3 [replat] (April 2012)
a) Provide utility slips. (Plan)
b) Label Fisher Family Partnership Land as "Unplatted ". (Plan)
c) Remove "R.O.W." from railroad property and treat as fee simple or real property.
(Plan)
d) Label Barnett Road as "Previously Dedicated ". (Plan)
e) Show Lot 4 -A and part of Lot 3 titles as light or "ghosted ". (Plan)
f) Correct graphic scale. (Plan)
g) Provide an easement for the water main extension along the south property line.
Please contact Public Works Engineering for additional clarification. (Public Works)
h) Please correct the note pertaining to the stormwater detention requirements (i.e.
Chapter 106 & Ordinance 39- 2011). (Public Works)
i) Site is currently served by public water and sewer. (Public Works)
j) There is an existing rail spur which extends onto this site. Is there an easement or
other ROW associated with this spur? (Public Works)
k) It appears that there is offsite drainage which crosses this site in the south east
corner. Please provide drainage easements for all existing drainage facilities which
cross this site. (Public Works)
1) Compliance with all stormwater detention requirements, in accordance with the City
ordinance and criteria, must be met. (Public Works)
m) Storm water will stand on the east side of the building for several days causing
mosquitoes to breed. (Health)
n) Additional easements are required prior to plat approval. Show 10 ft. dedicated utility
easement along west line and 15 ft. along the entire north and east property lines of
this platted property. (Oncor)
o) Subject to staff review of Lot 3 -A (Planning)
CARPORTS:
1. Case C 12 -03
Carport in the Exterior Side Setback
800 North Martin Luther King Jr. Blvd.
Mr. Silvestre Gomez requested conditional use approval to construct a carport in the exterior
side setback of his residence on North MLK Blvd. There were no (0) properties within 200 feet
of his property with carports in the front setback.
Thirteen (13) surrounding property owners were notified of this request. One (1) or 7.69%
replied in favor and none (0) were opposed.
2. Case C 12 -11
Carport in the Front Setback
4705 Gay Street
Mr. Robert Griggs requested conditional use approval to construct a carport in the front setback
of his residence on Gay Street. There were four (4) properties within 200 feet of his property
with carports in the front setback.
Twenty -seven (27) were notified of this request. Four (4) or 14.81% replied in favor and none
(0) were opposed.
P & Z COMMISSION PAGE 4 APRIL 11, 2012
3. Case C 12 -13
Carport in the Exterior Side Setback
4741 Gay Street
Greg and Donna Ross requested conditional use approval to construct a carport in the exterior
side setback at their Gay Street residence. There were two (2) properties within 200 ft. of their
residence with carports in the front setback.
Nineteen (19) surrounding property owners were notified of this request. One (1) response
marked undecided /other was received; there were no (0) responses received in favor or
opposed.
Mr. Harmon made a motion to approve the Consent Agenda; Ms. Miller seconded. The motion
carried. Chairman Nelson announced the three carports were approved.
V. REGULAR AGENDA
Notification Plat
Bluebonnet Park Addition, Section Eight, Lot 30 -A, Block 5 [replat] (April 2012)
ADDRESS: 5619 Ross Creek Lane
The owner of this property submitted a request to establish an exterior side yard setback of 15
ft. to accommodate an in- ground swimming pool to be built in the side yard which is currently
designated as part of the front yard. This lot was originally platted in 2006 as a corner lot with a
25 ft. setback along the perimeter.
Swimming pools are not permitted in front yards but may be placed within an exterior side yard
setback. Residential replats that change restrictions require neighborhood notification.
Twenty -six (26) surrounding property owners were notified of this request. Four (4) or 15.38%
replied in favor; one (1) or 3.85% replied opposed; and two (2) or 7.69% replied as
undecided /other.
Mr. Martin Litteken with Cornerstone Engineering was available for questioning. Chairman
Nelson asked if the neighbors were notified and if he knew the reason for the opposition. Mr.
Litteken stated the owners notified the immediate neighbors but he was not aware of adverse
comments. Mr. Odom commented he received a call from one of the neighbors about the
impact on drainage. He stated he did not think this pool would have an effect on any current
problems.
Mr. Taylor made a motion to approve this plat; Mr. Harmon seconded. The motion carried.
2. Case C 12 -12
Request for a Conditional Use Permit for a rehab clinic within the Brook Avenue District
(BA)
1500 Brook Avenue
Ms. Teresa Schreiber requested conditional use approval to locate an upper extremity rehab
clinic at 1500 Brook Avenue. The Brook Avenue District is a specialized zoning district which
allows offices, medical offices, and clinics as permitted uses. Therapy and rehabilitation uses
require conditional use approval. The applicant is proposing to double the size of the building.
P & Z COMMISSION PAGE 5 APRIL 11, 2012
At its current location, the clinic employs three people and plans to add an additional employee.
The current hours of operation are Monday through Friday, 8:00 a.m. until 5:00 p.m. The clinic
treats 10 -15 patients daily with a flow of one to two patients hourly.
Twenty -one (21) surrounding neighbors were notified of this request. Four (4) responded in
favor and none (0) were opposed.
Ms. Schreiber stated she is currently leasing 1,700 sq. ft.; this new location will allow her to
expand her business to 2,400 sq. ft. Mr. Taylor asked who was the previous owner of the
building; Ms. Schreiber stated it was Dr. Taylor.
Mr. Nick Bratcher, NRB Construction, stated he would be the General Contractor for this
remodeling job and was available for questioning. Chairman Nelson asked when construction
would begin; Mr. Bratcher stated the plans are in progress and will be submitted to Building
Inspection the week of April 16th. When a building permit is received, construction will be begin
which he estimated to be mid -May.
Ms. Miller stated the reuse of an existing vacant building was commendable. Chairman Nelson
commented it would be an excellent addition to the Brook Avenue District.
Mr. Taylor made a motion to approve this conditional use request; Ms. Payne seconded. The
motion carried.
VI. OTHER BUSINESS
City Council Update
Mr. Odom stated Council approved the Certainteed rezoning and the Lawrence Road rezoning
with the exception of excluding the Wichita Energy parcel. Chairman Nelson inquired about this
exclusion; Mr. Odom stated Wichita Energy felt the more restrictive zoning would impede their
future plans for expansion and Council agreed.
VII. ADJOURN
The meeting adjourned at 2:20 p.m.
L. Nels n, Chairman
ATTEST:
Marty Odom, D tt. of ommunity Development
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