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Planning and Zoning Commission Minutes - 03/14/2012MINUTES PLANNING & ZONING COMMISSION March 14, 2012 PRESENT: L. O. Nelson, Chairman ♦ Members Jeff Browning ♦ Alternate #1 Warren Gardner John Harmon John Kidwell Karla Miller Deborah Morrow David Schmid R. C. Taylor, Vice Chairman • Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart. Kevin Hugman, Asst. City Manager /Dir. of Community Development ♦ City Staff Karen Gagne, Planning Administrator Marty Odom, Planner III Diane Parker ABSENT: Vicky Payne ♦ Member Stephen Anderson ♦ Alternate #2 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. �1I;L, l 1; C"- i � I 1 RECEIVED iN CITY CLERK'S OFFICE D ,CE TIME: 1; Ili P•��► P & Z COMMISSION PAGE 2 MARCH 14, 2012 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 January 11, 2012 meeting. Mr. Gardner seconded. The minutes were approved with a unanimous vote. Chairman Nelson noted there was not a Planning and Zoning Commission meeting in the month of February. IV. CONSENT AGENDA Public Hearing on Regular Plats The Planning & Zoning Commission recommended approval of the following plats subject to the Standard Conditions of Approval for Regular 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. REGULAR PLAT: A. Priddy Subdivision, Block 9, Lots 1 -A & 2 -A [replat] (March 2012) 1. Provide utility slips (Planning). 2. Dedicate 5' of right -of -way along Borland Lane (Planning). 3. Label Lots as 1 & 2 instead of 1A & 2A if there was no previous Lot 1, Blk 9 (Planning). 4. Are oil pipelines existing? If so show Vol. & Pg of existing easement (Planning). 5. Label owner of pipeline (Planning). 6. Additional easement is requested. Ten foot dedicated utility easement needs to be placed along the east property line of Lot 1 -A and 2 -A, also being the west right -of- way line of Borland Lane. (Oncor) 7. Field locate all water and sewer mains associated with this property. (Public Works) 8. Show and label the appropriate utility easements associate with the existing water and sewer mains. (Public Works) P & Z COMMISSION PAGE 3 MARCH 14, 2012 9. There is a 3" water main in Borland Lane which can be used to serve this development. (Public Works) 10. There is a 24' water main along the west property line. Show and label the previously dedicated easement associated with this water main. (Public Works) 11. There is an existing 8" sanitary sewer main which extend along the south and west property lines. Field locate and show the previously dedicated utility easement. (Public Works) 12. There is a 6" sanitary sewer main which extends north and south approximately midway through the property. Field locate, show previously dedicated easement for this main. This main can be utilized for service to the proposed Lot 1 -A; however, Lot 2 -A is not served by a public sewer main as proposed. (Public Works) 13. Stormwater detention will be required for Lot 1 -A. (Public Works) CARPORTS: Case C 12 -04 Carport in the front setback 1822 Adrian Mr. Randy Ketner requested approval for a carport to be constructed in the front setback at a residence located on Adrian. There are no (0) properties within 200 feet with carports in the front setback. Seventeen (17) surrounding property owners were notified of this request. Two (2) or 11.76% responded in favor and none (0) were opposed. 2. Case C 12 -05 Carport in the front setback 3800 Parker Blvd. Mr. Carlos Soto requested approval for a carport to be constructed in the front setback at a residential property located at 3800 Parker Blvd. One (1) property within a 200 foot perimeter of this property has a carport in the front setback. Twenty -four surrounding property owners were notified of this carport request. Five (5) or 20.83% responded in favor and none (0) were opposed. 3. Case C 12 -07 Mark and Sharon Washington requested approval to construct a carport in the front setback at their residence on Osage. There are no (0) properties within 200 feet of the perimeter of this location with carports in the front setback. Thirty -six (36) property owners were notified of this request. Three (3) or 8.33% responded in favor and none (0) were opposed. Mr. Taylor made a motion to approve the Consent Agenda; Mr. Gardner seconded. The motion carried. Chairman Nelson announced the carports on Adrian, Parker, and Osage Avenue were approved. Citizens in attendance to hear the carport results were invited to stay for the remainder of the meeting. P & Z COMMISSION PAGE 4 V. REGULAR AGENDA MARCH 14, 2012 Case C 12 -06 Conditional use approval for outdoor recreation within the River Development District (RDD) LOCATION: 401 — 409 Clift Street Mr. Joseph Rodriguez requested conditional use approval to allow outdoor fitness activities at the new fitness gym being constructed on Clift Street in an RDD zone. The building will be 2,600 sq. ft. One -hour classes with 12 -15 people per class are proposed. The applicant indicated most activity will occur inside the building; however, some activity will be outdoors. Outdoor activities require conditional use approval in this zone. Hours of operation will be 5:00 a.m. until 8:00 p.m. Monday through Friday and 8:00 a.m. until 8:00 p.m. Saturday. Staff recommended approval with the condition activities occurring outside be held no earlier than 8:00 a.m. and no later than 8:00 p.m. Fifteen (15) surrounding property owners were notified of this request; no (0) responses were received. The applicant was present for this meeting and available to answer any questions. Mr. Gardner asked if this property was near the land being acquired for the cemetery; Mr. Odom replied it is. The lots across the street from this property are being acquired. Mr. Odom did not anticipate any conflict between this use and the cemetery lots. Mr. Gardner inquired about the types of outside activities planned. Mr. John Martin, 9 Johnathan Place, stated the outdoor activities would be the same as the indoor activities weather permitting after 8:00 a.m. and prior to 8:00 p.m. Chairman Nelson stated this is a good venture and will add to the economic development of Wichita Falls. He looks forward to seeing the progress. Mr. Gardner made a motion to approve this request; Mr. Taylor seconded. The motion carried. 2. Case R 12 -01 Request to rezone 14.62 acres of vacant land from Light Industrial (LI) to General Commercial (GC) and amend the Land Use Plan by changing two locations in the area from light industrial to commercial LOCATION: 3601 McNiel and the remaining LI on Lawrence Road generally bounded by Kell Blvd., Call Field Road, Arthur St., and the north -south property lines midway between McNiel Avenue and Lawrence Road. Realtex Development Corporation submitted an application to rezone 14.62 acres located east of McNiel and north of South Regent Drive from LI to GC to construct a new apartment complex. The current LI zoning does not permit residential uses. The Planning Division took this opportunity to recommend the balance of the LI zoning along Lawrence Road to be included in the rezoning to GC excluding the Transfer Station. This action will bring the zoning into accord with surrounding land uses that developed over the years. New developments since 1985 have been primarily general commercial. In the early 1990's, the Burlington- Northern Railroad ceased operation which further reduced the probability of more intense uses developing in this area. P & Z COMMISSION PAGE 5 MARCH 14, 2012 Five warehouse facilities are located in this area. One is Wichita Energy which also does light manufacturing. There is an automotive repair shop at the end of Regent South. All of these uses: warehousing facility, light manufacturing and automotive repair require conditional use approval in a GC district. Those businesses currently in operation will not be affected by the GC zoning unless there is an expansion or continuation of the use after ceasing operations for two or more years. In such cases, a proposed expansion or continuation will require approval by the Planning and Zoning Commission through the conditional use process. When a rezoning request is submitted, staff reviews the evaluating criteria, conditions that may have changed, relationships to the Comprehensive Plan, and the nature and degree of impact on the neighboring properties. The results follow: Changed Conditions: Developments in the area since 1985 include a hotel, grocery store, restaurants, convenience stores, offices, and retail outlets. No new industrial developments were established since the adoption of zoning. The railroad that previously served the industrial uses ceased operation in the early 1990's. 2. Relationship to the Comprehensive Plan: The Land Use Plan currently shows a majority of the area as commercial. If approved, the Land Use Plan should be amended to change three areas from industrial to commercial. 3. The nature and degree of impact upon neighboring lands: Rezoning this area to GC will be in harmony with the existing general commercial uses. It will also eliminate the potential for incompatible uses to develop in the area, such as adult entertainment. Staff recommended approval of this rezoning request. Inside the area to be rezoned, 50 surrounding property owners were notified of this request. The Times Record News ran a notice in its advertising section under "Public Notice" stating the approximate location of the property and notice of this Commission meeting. Four (4) in favor and two (2) or 5.81% were opposed. This percentage was calculated by taking the actual square footage owned by each property owner plus 50% of any right -of -way adjacent to their property divided by the total square footage of land inside the rezoning area. Within 200 ft. of the perimeter of the area to be rezoned, 88 surrounding property owners were notified. Six (6) replied in favor and two (2) or .34% were opposed. This percentage was calculated by taking the actual square footage owned by each property owner plus 50% of any right -of -way adjacent to their property divided by the total square footage of land within 200 feet of the perimeter of the rezoned area. Mr. Odom noted that Wichita Energy specifically requested to be removed from the proposed rezoning area. Staff recommended their location be rezoned to GC, especially due to the proximity of the Arthur Street residences. Mr. Odom continued by stating there are a few residences included in this rezoning area. Changing these homes to GC will be beneficial because residences located in LI can rebuild on the same footprint if the house is destroyed but cannot increase the square footage. In GC, the homeowner will have the option of enlarging his home if he rebuilds. Mr. Andy Lee, 1410 Grant, stated he represented the current owners, John Hirschi, Tom Stevens, Dick Bundy, and B. Evans Family and Realtex Development Corp. He stated his portion of the rezoning project was the 14.62 acres to be rezoned to LI. P & Z COMMISSION PAGE 6 MARCH 14, 2012 Mr. Odom noted there are actually two combined requests in the rezoning project. Mr. Lee's request for 14.62 acres to be rezoned to LI for an apartment complex then Staff included 187.38 acres or, the balance of the area, to be in accord with the surrounding land uses. Mr. Taylor asked if the complete area, Mr. Lee's and the balance of the acreage, would be considered for rezoning at the same time; Mr. Odom stated that is staff's request. Mr. Lee explained the potential use for his proposed 14.62 acres would be for a GC use, multi - family complex. Chairman Nelson noted this is a convenient time to consider rezoning the larger area. Mr. Taylor asked about the type of complex; would it be low income or Section 8. Mr. Lee stated an application has been submitted to the State to TDHC for tax credits. If approved, this complex would be 65 affordable housing units. Realtex Development currently owns two complexes in Wichita Falls, Washington Village and Woodview Apartments which are on the tax rolls paying $110,000 taxes annually. Mr. Donald Brown, 1547 Singleton Avenue, represented Wichita Engineering. He gave a brief history of Wichita Engineering. He stated if the property were not rezoned he would be able to expand his business without getting conditional use approval. Mr. Odom stated this business fits the definition of light manufacturing which is permitted in Light Industrial and allowed with conditional use approval in General Commercial. Chairman Nelson asked about grandfathering. Mr. Odom stated this business is permitted in LI but if Mr. Brown were to expand or enlarge the buildings or if he ceased operations for two or more years, he would be required to obtain conditional use approval. Mr. Taylor asked if the Commission could amend the motion. Mr. Odom stated rezoning requests must follow all regulations within the specific zone without any changes. Ms. Miller asked when the last time an expansion was made to Wichita Energy. Mr. Brown replied in 2007 new equipment was purchased and the business was expanded. Mr. Odom stated the conditional use applies to an expansion of the building, not an expansion of a business. He further noted an expansion would encompass a change in the physical footprint or requirement for a building permit. Chairman Nelson commented he felt this rezoning was a fair compromise to bring the entire area into conformance with recent developments in the area. He continued by stating the change to GC may not impact Mr. Brown's business based on current operations. If a larger building would be constructed or a remodeling project increasing the square footage, Wichita Energy would require conditional use approval. Ms. Miller agreed with the rezoning change. Mr. Brown noted his property does not have rear or westerly access because of the railroad track between his tract and Lawrence Road. He commented the railroad did not want to sell the portion of land where the tracks are located. Chairman Nelson asked what the impact of changing zones would have on his business if he decided to sell. Mr. Brown replied it would impact him by needing permission to enlarge his building. He asked to remain in the Light Industrial zone. Mr. Brown noted he was disconnected from Lawrence Road. Chairman Nelson asked for analysis if Wichita Energy were removed from the rezoning request. Mr. Odom responded the main concern with an isolated LI tract was it were to sell in the future, a more intense use could locate there and would be incompatible with the neighborhood. The meeting was closed for public comment by Chairman Nelson. Mr. Taylor stated he did not see any problems with this request or expanding Mr. Brown's business. Mr. Brown commented he felt it would be a problem to obtain future conditional use P & Z COMMISSION PAGE 7 MARCH 14, 2012 approval if it were needed. Mr. Odom stated conditional uses should be approached as permitted uses; there is not a high probability of a conditional use for expansion being denied. A conditional use can have conditions placed on it to permit compatibility with the surrounding area. He reminded the Commission they would be voting on a recommendation to City Council and not providing the final approval of this request. Chairman Nelson stated again he felt this request was a suitable compromise, he felt the conditional use process would a positive undertaking. He continued by stating this area has developed into a major retail area for the city. He stressed the city and this Commission would be more than happy to work with Mr. Brown in the future. A motion was made by Mr. Taylor and seconded by Mr. Gardner to recommend approval of this rezoning request to City Council. The motion carried. 3. Case R 12 -02 Request to rezone approximately 207.42 acres from Single Family -1 (SF -1) to Heavy Industrial (HI) and approximately 31.57 acres from SF -1 to Light Industrial (LI) and amend the Land Use Plan by changing the approximately 31.57 acre tract from industrial to light industrial LOCATION: 4515 Allendale Road In 2008, Vetrotex Certainteed, an industrial use located at 4515 Allendale Road, ceased operation. This terminated a non - annexation agreement with the City and subsequently the property was included in the 2009 annexation. Newly annexed property receives temporary designation of the most restrictive zoning of Single Family -1 until the City Council rezones the land to a permanent zoning district. The current owners have submitted a proposed rezoning request to Heavy Industrial for 207.42 acres on the south portion of the land. The north area, 31.57 acres, is proposed to be rezoned to Light Industrial in order to connect with the current LI south of Kell Freeway. Staff recommended approval of this request. Evaluating criteria: 1. Changed Conditions: The land was annexed into the city in 2009 and received a temporary zoning designation of SF -1. The Zoning Ordinance requires a permanent zoning designation by the City Council. 2. Relationship to the Comprehensive Plan: The Land Use Plan currently shows the entire area as industrial. If the proposed rezoning is approved as submitted, the Land Use Plan should be amended to show the northern 31.57 acres as light industrial. 3. The nature and degree of impact upon neighboring lands: Since an industrial use had existed at this location since 1974, there is little degree of impact expected upon neighboring lands from a new industrial use than from the previous industrial use. Twenty -nine (29) surrounding property owners within 200 feet of the perimeter of this property were notified of this request. No (0) responses were received. Mr. Sherman Wyman, Henrietta, TX, the applicant stated he was in the audience and available for questioning. P & Z COMMISSION PAGE 8 MARCH 14, 2012 A question from the Commission was asked about the two different zones. Mr. Odom responded the area containing the buildings is proposed to be zoned Heavy Industrial; the northern tract is vacant land and would tie into existing Light Industrial by Kell. Mr. Martin Litteken, Cornerstone Engineering, stated the dividing line between the Heavy Industrial and the Light Industrial does match a strip of land running along Kell Freeway. Farther south is a large easement containing the Lake Kemp water line (from Lake Kemp to the Cypress Water Treatment Plant) and underground piping for Wichita County Irrigation District. These two conditions provided a natural break. The City notified St. Golbain about the zoning but they did not respond resulting in the Single Family -1 zoning. The current owners, Barbwire Capital, requested this rezoning. The meeting was closed for public comment by Chairman Nelson. A motion was made by Ms. Miller and seconded by Ms. Morrow to recommend approval of this rezoning request to City Council. The motion carried. VI. OTHER BUSINESS City Council Update Thoroughfare Plan. The proposed amendment to the Thoroughfare Plan downgrading Midwestern Parkway from a major arterial to a minor arterial was approved. VII. ADJOURN The meeting adjourned at 3:45 p.m. 0` -)� -I2- L. O. Nelion-rChailrman Date ATTEST: Marty Odom, unity Development 4/-l� 110-L Date