Planning and Zoning Commission Minutes - 09/14/2011I
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M I N U T E S CITY CLERK'S OFFICE
PLANNING & ZONING COMMISSION
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BY: E:
September 14, 2011
PRESENT:
L. 0. Nelson, Chairman
♦ Members
Larry Ash
•
Warren Gardner
•
John Harmon
♦ Alternate #1
John Kidwell
•
Deborah Morrow
•
Vicky Payne
•
Ripley Tate
•
John Stephenson
•
Mary Ward • Council Liaison
Rick Hatcher • Councilor
Miles Risley, City Attorney ♦ Legal Depart.
Kinley Hegglund, Senior Assist. City Attorney •
Kevin Hugman, Asst. City Manager /Acting Dir. of Community Development • City staff
Marty Odom, Planner •
Leo Bethge, Planner •
Diane Parker •
ABSENT:
R. C. Taylor
I. CALL TO ORDER
• Member
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.
P & Z COMMISSION PAGE 2 SEPTEMBER 14, 2011
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. 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 Plats and Replats and any specific conditions listed:
Standard Conditions of Approval for 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.
1. Preliminary Plat:
Sandalwood Creek Estates, Lot 30, Block 1 (Sept. 2011)
a. Label and relocate two foot contour datum within the "area of changes." (Planning)
b. Clarify "Lot 1" of Likins Addition. (Planning)
c. Additional easements may be required prior to approving a final plat. (Oncor)
2. Final Plat
Sandalwood Creek Estates, Block 1, Lot 30 (Sept. 2011)
a. Continue Utility & Drainage Easement on future Lot 31, and redefine labeling of
creek. (Planning)
3. Carports:
a. Case C 11 -14
Carport in the front setback
4207 Hughes Drive
P & Z COMMISSION PAGE 3 SEPTEMBER 14, 2011
Mr. Delaney Crow requested conditional use approval for a carport to be located within the front
setback of his residence on Hughes Drive. There is one (1) property within a 200 -foot
perimeter of this property with a carport in the front setback.
Twenty -three (23) surrounding property owners were notified of this request. Five (5)
responses were received marked in favor; none (0) were opposed; and two (2) were
undecided /other.
b. Case C 11 -15 (moved to Regular Agenda)
c. Case C 11 -17
Carport in the front setback
4706 Devonshire
Mr. Jason Barber requested conditional use approval for carport to be located within the front
setback of his residence on Devonshire. There were no (0) properties within a 200 -foot
perimeter of this property with carports in the front setback.
Twenty -four (24) surrounding property owners were notified of this request. Three (3)
responded in favor and none (0) were opposed.
Mr. Gardner made a motion to approve the Consent Agenda; Ms. Payne seconded. The vote
was unanimously approved.
IV. REGULAR AGENDA
1. Case C 11 -15 (brought down from the Consent Agenda)
Carport in the front setback
#10 Johnathan Place
Ms. Ethel Mick requested conditional use approval to construct a carport in the front setback of
her residence on Johnathan Place. There are no (0) properties within a 200 -foot perimeter of
this property with carports located in the front setback.
Twenty -six (26) surrounding property owners were notified of this request. Five (5) replied in
favor and one (1) was opposed.
Ms. Mick stated her house was built with a family room instead of a garage. She requests a
carport to protect her and her vehicle.
Chairman Nelson noted no one from the audience wished to speak about this carport. He
specifically asked if the person who submitted the negative response was available for
comment; no one responded.
Mr. Tate made a motion to approve this carport; Mr. Ash seconded. The motion carried.
2. Case C 11 -16
Request for a conditional use permit for a convenience store with alcoholic beverage
sales and drive - through in a Limited Commercial district
4138 Seymour Highway
P & Z COMMISSION PAGE 4 SEPTEMBER 14, 2011
Mr. Paul Harris applied for conditional use approval to reopen a convenience store in a Limited
Commercial zoning district at 4138 Seymour Highway. The original store was built in 1983 and
ceased operations around 2008. This store previously held a TABC wine and beer off - premise
license.
Mr. Harris indicated the new store will be an Eskimo Hut franchise with a drive - through.
Proposed for sale will be single frozen, wine -based drinks mixed on -site and repackaged. A
concern exists where drinks sold in this manner could encourage drinking while driving. The
counter argument is those customers who intend to drink while driving would do so regardless
of the method in which the beverage was packaged.
An alcoholic beverage permit which allows on -site consumption is required by TABC for
beverages mixed on -site. Mr. Harris indicated he has no intention of allowing on -site
consumption.
Staff recommended a condition be placed on the permit to prohibit on -site consumption.
Four (4) surrounding property owners were notified of this request. One (1) responded in favor;
none (0) responded opposed; and one (1) responded undecided /no opinion. Five (5) opposed
responses were received from outside the notification area.
Mr. Harris stated this store will be a privately -owned franchise whereas the store on Southwest
Parkway is a company owned store. He further commented his full - service convenience store
will be a benefit to the Tanglewood residents because of the drive - through feature. There will
not be on -site consumption. He noted the drive - through will be on the east side of the building.
He is proposing to open November 1st.
Mr. Robert Halverson, 8 Rock Cliff in Tanglewood, stated he was opposed to this request. The
store has become deteriorated and unsightly. He asked if there was a local or corporation
architect doing the remodeling plans. He also inquired about fencing, the drive - through, and
enforcement of the on -site, non - drinking aspect. Mr. Halverson commented it is common
knowledge TABC and local law enforcement have monitored the Southwest Parkway Eskimo
Hut and arrested participants for drinking and driving because the alcoholic beverage seals
were broken. He noted the Tanglewood neighborhood was two (2) miles from United Market
Street which he did not consider to be inconvenient. His objection was more law enforcement
problems, underage drinking, increased traffic in the neighborhood, loitering, and parking
issues.
Mr. Harris stated there would be no engineering to the building; however, it would be remodeled
on the outside, painted, the property cleaned, additional landscaping, and lighting installed.
There will be a concrete drive - through on the east side of the building. He commented once
patrons leave the premises, he has no control over their actions. There will be two to four
employees working at one time and suspicious behavior will be reported to the police. Mr.
Harris stressed this would be a first class store, not a bar. Fountain drinks, Icee's, and regular
convenience store items will be available.
Chairman Nelson inquired about fencing. Mr. Harris stated he has an option to buy the land but
is waiting for TCEQ's sign -off on the tanks. He prefers to wait until he is the property owner
before installing the fencing. He explained the property behind the store is raw land. Mr. Harris
estimated the distance between the back of this property and the residences to be
approximately 300 feet; Mr. Odom agreed.
P & Z COMMISSION PAGE 5 SEPTEMBER 14, 2011
Mr. Harmon asked if Mr. Harris owned the Southwest Parkway Eskimo Hut; he replied he did
not.
Mr. Stephenson inquired about exiting this location; Mr. Harris explained the drive - through exits
onto Seymour Highway. If the vehicle is going the other way, they would be able to cross
Seymour and turn left or go to the stop light. There is an entrance on Seymour Highway and on
the side road [ Tanglewood].
Mr. Halverson noted the Living Waters Church is across the street [Seymour Highway] from this
location. He further commented there are families with children across the street from this
proposed convenience store. He stated the store does not stand by the ordinance. Mr.
Halverson mentioned he was opposed to a beer and wine license there. Mr. Odom clarified
confusion regarding the 200 & 300 ft. rule by stating the 200 ft. rule is the property owners'
notification area from the perimeter of the subject property; the 300 ft. rule applies to the
distance from a church, school, or hospital in which alcohol can be legally sold. This
measurement is from front door to front door along the right -of -way lines. The measurement
was taken both ways [door -to -door and as the crow flies] and the distance was over 300 feet in
both cases. To Mr. Halverson's questioning regarding the exact measurements, Mr. Odom
responded it was scaled to approximately 305 feet as the crow flies; however, this
measurement [straight line] is not used by TABC. The correct measurement method is parallel
and perpendicular to street right -of -ways; he showed this method on the overhead presenter.
Chairman Nelson stated there does not appear to be anyone in the audience wishing to speak
about this case. He closed the public hearing portion of the meeting and opened it to comment
by members of the Planning and Zoning Commission.
Ms. Payne asked when stipulations should be made in the motion. Chairman Nelson noted the
staff report included the proposed condition for consumption of alcoholic beverages to not be
permitted on -site. Ms. Payne stated she would like to discuss requiring fencing within 60 days
of occupancy. She explained no one would be managing the property behind the convenience
store to clean up the trash. Ms. Payne noted McDonald's on Kemp has a fence to keep trash
out of the neighborhood and, in this case, a fence would certainly be valuable. She indicated
she would like the fence to be from Tanglewood Drive to the remainder of the concrete. She
asked if the drive - through would be covered; Mr. Harris replied it would after he purchases the
property. Mr. Gardner asked if the drive - through would go through the fence; Mr. Harris
responded it would not. There was discussion among the Commission members regarding the
fence and drive - through issues. Mr. Tate pointed out the fence is required from McDonald's
because they abut Single Family zoning; this store [Seymour Hwy. Eskimo Hut] has two parcels
of land between it and the Single Family residents. He noted he prefers not to place an extra
burden on the owner who is trying to start a new business. Ms. Payne felt the field would be
neglected. Mr. Odom stated for visual clearance the fence is required to be lowered at 10 feet
from the right -of -way line.
Mr. Kidwell inquired if the original motion included staff's recommendation for no consumption
of alcoholic beverages on -site; Chairman Nelson responded affirmatively.
Even though the public comment session was closed, Mr. Halverson commented he filed for an
open records request with the City. He noted the previous convenience store had been robbed,
looted, and injuries to the extent of the loss of a life. He cited an example of his neighborhood
being used by people to park their vehicle, steal beer from the store then drive away. Mr.
Halverson continued by stating, if this permit is passed by this Commission, the fence should be
continuous, tall and enclosed where there could be no traffic between the residences or the
business. He would prefer trash to be kept away from the residences as well as foot traffic.
P & Z COMMISSION PAGE 6 SEPTEMBER 14, 2011
Ms. Payne thanked Mr. Halverson for his comments and input; she felt it was important. She
stated since she has been on this Commission several businesses have been approved for
alcohol licenses. Ms. Payne noted there are numerous empty buildings in the community
where people should locate businesses. If that does not occur, businesses such as this
convenience store will occupy those spaces. Ms. Payne did patronize the previous store in this
location. She felt a convenience store in the neighborhood will be beneficial.
Ms. Payne made a motion to amend the original motion to approve this request based on the
recommendation of the City plus require a seven (7) foot privacy fence from corner to corner of
the building onto the property line with the lower level of three (3) feet for visual clearance at
Tanglewood Drive within 60 days of possessing the property either as a lease or ownership.
This motion died for lack of a second.
Mr. Ash made a motion to approve this conditional use permit with staff's recommendation to
prohibit on -site consumption of alcoholic beverages; Mr. Kidwell seconded. The vote was eight
(8) in favor and one (1) opposed; Ms Payne was the opposing vote.
3. Case R 11 -03
Proposed rezoning of five lots (approximately 0.6 acres) along the 600 block of Flood
Street and adjacent street right -of -way, from Single Family -2 (SF -2) and Multifamily
Residential (MFR) to General Commercial (GC) and amend the Land Use Plan to show
the area as commercial.
601 -609 Flood Street
Ms. Essie Robinson requested rezoning of five lots along the 600 block of Flood Street from
SF -2 and MFR to GC. The Land Use Plan will be required to be amended to show this area as
commercial. She plans to purchase an existing building located at 609 Flood Street and the
vacant lot at 607 Flood. These lots were previously used for a daycare facility. The applicant
wishes to use the building to bake and sell cakes for retail customers and catering. This type of
business requires a zoning change to GC.
In order to have a continuous zoning district, the applicant proposed to rezone the three (3) lots
to the west and obtained the owners' permission with signed zoning applications.
Thirty-five (35) surrounding property owners were notified of this request. Six (6) replied in
favor and none (0) were opposed.
Ms. Robinson stated she purchased two lots which were formerly a daycare business. There is
no place in this area to buy cakes, WalMart is the closest. She wants to bring her business to
this area, employ young people, and give other people hope that a person can have something.
Mr. Gardner asked if the building was going to be renovated; Ms. Robinson responded it would
not take much, reinforce the doors, upgrade the windows and minor changes to bring it into
compliance with the Codes.
Mr. Tate commended Ms. Robinson and stated this would be a very good fit for the area. With
the development of the Washington Village Apartments, Early Childhood Development, and the
Public Safety Training Center, this business will be an asset.
Chairman Nelson commented this business was very good economic development for this part
of town and Ms. Robinson is very brave for to take on this task. He also commended Ms.
Robinson for her efforts.
P & Z COMMISSION PAGE 7 SEPTEMBER 14, 2011
Mr. Lucky Cleaver, a resident for 60 years of Wichita Falls, stated he would like more
information regarding this process. Chairman Nelson explained Ms. Robinson is planning to
turn this property into a business to make cakes for catering and retail sales to the public. She
will renovate and clean up the property to meet the Code requirements. Mr. Cleaver
commented he was for advancement. Chairman Nelson assured Mr. Cleaver his lot was not
going to be affected and he would retain ownership. Mr. Tate explained this rezoning would
increase the value of his property.
Chairman Nelson closed the public comment portion of the meeting regarding this case and
entertained comments from the Commission members. None of the members had comments.
Mr. Ash made a motion to recommend approval of this rezoning request to City Council. Ms.
Morrow seconded. The motion carried.
4. Case R 11 -04
Proposed rezoning of approximately 19 acres of land and adjacent right -of -way from
Single Family -2 (SF -2) to General Commercial (GC), and amend the Land Use Plan to
change the area from high density residential to commercial.
4300 Barnett Road
Mr. Richard Ross with Liberty Baptist Church requested rezoning approximately 19 acres of
land and adjacent right -of -way from SF -2 to GC on Barnett Road. This land was initially
planned as part of the Bent Tree Estates Subdivision; however, the land was sold prior to
completion of the residential subdivision. In 1996, the Liberty Baptist Church purchased this
location then obtained a conditional use permit to build a church. The project was never
completed and the Church would like to sell this property.
The potential buyer was proposing to construct a shopping plaza and self storage units. Staff
understood this buyer may not want to commit to this purchase now. This new development
changed staff's position regarding their recommendation to the Commission because without an
intended use the rezoning becomes speculative which staff would not support. Staff's new
recommendation is to table this item to allow the applicant to obtain a viable plan or consider
other possible zoning districts.
Twenty -six (26) surrounding property owners were notified of this request. One (1) responded
in favor and 16 responded opposed. Twenty -two (22) responses outside the notification area
were also received and all were marked as opposed.
Chairman Nelson stated it is frowned upon to rezone a property if there is not a bona fide plan
for the use of that property. He asked for a show of hands from the audience of those in favor
of this request; then he stated he assumed the others were opposed. Chairman Nelson noted
citizens have taken time off work or away from their busy schedules to participate in this
meeting. He asked for a spokesman for those in favor and opposed to speak in order to get
their comments recorded in the minutes for future reference if an issue comes up again on this
property.
Mr. Mark Kimes, 5510 Chinaberry, stated he was opposed to this rezoning because the
property is directly behind his house. Sixty people living in the Bent Tree neighborhood signed
a petition against this rezoning.
P & Z COMMISSION PAGE 8 SEPTEMBER 14, 2011
Mr. Charles Nichols, 5608 Forest Cove Drive, commented he has resided in the Bent Tree
addition for nine years and it is a quiet neighborhood. His concerns were traffic especially on
Barnett Road. Safety was also mentioned noting school buses enter and exit this subdivision.
He asked if the Bent Tree addition would be used for trucks to access the property. Trash was
also a concern. He noted there would not be a problem with a church, bank, or doctor's office
going in to that location. He stressed he does have a problem with a strip plaza.
Ms. Ginger White, 5509 Forest Cove Drive, stated she was opposed to the rezoning because
the neighborhood is quiet with many walkers and children. She explained safety for the school
children walking through the neighborhood was a concern. There would be a potential for more
vandalism and theft in this neighborhood. She noted there were numerous vacant strip malls
around the City. Ms. White noted property values were another concern.
Mr. Gardner made a motion to recommend approval to City Council to approve this rezoning
request; Ms. Morrow seconded.
Mr. Kidwell made a motion to table this rezoning request; Mr. Stephenson seconded. The
motion carried.
Chairman Nelson addressed the audience saying this property is for sale. The current owner
will probably remain active in trying to locate a buyer. A future buyer may or may not require a
rezoning for their project. He cautioned the audience to stay alert and stay informed. If a
similar situation were to occur, all are welcome to attend the meeting and share their concerns.
The same notification limits would be used, so use your neighborhood mechanism to inform
your neighbors. We greatly appreciate your presence and sharing your thoughts with this
Commission.
5. Proposed text amendment to the Sign Regulations Section of the Zoning Ordinance to
allow and regulate noncommercial signs on nonresidential properties.
Mr. Odom stated in April of this year, this Commission reviewed a proposed amendment to the
Sign Ordinance concerning temporary off - premise signs on commercial property. Examples
are signs advertising special events in the City such as the annual pancake festival.
Subsequently, the proposal went to Council who asked staff for a revision. This new proposal
takes a different approach to the signs. Rather than categorize these as off - premise signs,
they will be classified as noncommercial signs on nonresidential property.
Mr. Odom cited an example as being a free speech sign on residential property, new baby,
happy birthday, religious sign, etc. These are small signs with noncommercial language. The
ordinance does not address that type of sign on commercial property. An example of this type
of sign would be one advertising Deer Fest.
A brief review of the four sections to be amended was completed by Mr. Odom.
Ms. Payne asked about the fine for sign violations. Mr. Hegglund stated it was $2,000 per day
plus court costs.
Mr. Tate made a motion to recommend approval of this amendment to City Council. Mr.
Gardner seconded. The motion carried.
P & Z COMMISSION PAGE 9 SEPTEMBER 14, 2011
V. OTHER BUSINESS
City Council Update
Mr. Odom stated no items pertaining to this Commission were presented to City Council
in the last month.
VI. ADJOURN
The meeting adjourned at 3:14 p.m.
L. O. Nelson, Chairman
ATTEST:
Marty Odom, Dept. of CommuN Development
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