Planning and Zoning Commission Minutes - 01/08/2003MINUTES
PLANNING & ZONING COMMISSIO
January 8, 2003
PRESENT:
Cliff Berg, Chairman
Charles Barr
Steve Lane
L. O. Nelson
Patrick Powers
Bill Rowland
R6sty Sons
Ken Birck
J. C. Bradberry
David A. Clark, Director of Community Development
Steve Seese, Planning Administrator
Paul Stillson, Planner II
ABSENT:
Susan Wood Reeves
Cayce Cleary
I. CALL TO ORDER
The meeting was called to order by Chairman Berg at 2:00 p.m
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
RECEIVED IN
CITY CLERK'S OFFICE
Date � ' w - o3
By PC--� Time
• Members
• Alternate #2
♦ City Staff
• Member
• Alternate #1
Mr. Bradberry made a motion to approve the minutes of the December 11, 2002 meeting. Mr.
Sons 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.
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
PLANNING & ZONING COMMISSION JANUARY 8, 2003 PAGE 1
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 and 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.
1. Hill & Hill Heights, Section One (Jan. `03)
a. Note: Sandy Hill Blvd. will be addressed as per lots shown on preliminary.
Future plats shall not increase the number of lots.
b. If the Sinclair pipeline is still active (owned by them), there shall not be
any structure placed over it.
C. If pipeline is still owned by Sinclair, have an easement established other
than a blanket easement.
d. Prove that Lot 1, Block 5 is buildable.
e. Prove that Lot 31, Block 7 is buildable.
f. Extend sewer main to serve all proposed lots. (PUBLIC WORKS)
g. Extend water line to serve all proposed lots. (PUBLIC WORKS)
h. Construct internal streets according to City of Wichita Falls
criteria /ordinance. (PUBLIC WORKS)
i. Comply with City of Wichita Falls stormwater detention ordinance.
(PUBLIC WORKS)
j. Provide temporary turnarounds at truncated streets. (PUBLIC WORKS)
k. In regard to abandonment of access easement, please provide alternative
access prior to abandonment of easement (acceptable to Director of
Public Works). (PUBLIC WORKS).
2. 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
below:
Provide utility easements as required by utility companies and Director of Public Utilities,
and 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.
1. Hill & Hill Heights, Section One, Unit 7 (Jan `03)
a. Provide utility slips.
b. Show all lots previously platted with a light dashed line.
C. Provide a street name for proposed street. Use "court " as a suffix.
d. Define pipeline easement that is shown on preliminary plat.
e. Vacate Access easement with a volume and page and remove offset
dedication. (This item pending a legal opinion from the City Attorney.)
PLANNING & ZONING COMMISSION JANUARY 8, 2003 PAGE 2
f. Note: Sandy Hill Blvd. will be addressed as per lots shown on preliminary.
Future plats shall not increase the number of lots.
g. Name street.
h. Provide by plat, a turn around for unnamed streets.
i. Dedicate WID #2 easement.
j. Provide by plat, a turn around for Sandy Hill Blvd. and Van Dorn Drive.
k. Extend sewer mains to serve all proposed lots. (PUBLIC WORKS)
I. Extend water lines to serve all proposed lots. (PUBLIC WORKS)
M. Construct internal streets according to City of Wichita Falls
criteria /ordinance. (PUBLIC WORKS)
n. Comply with City of Wichita Falls stormwater detention ordinance.
(PUBLIC WORKS)
o. Provide temporary turn arounds at truncated streets. (PUBLIC WORKS)
P. Provide constructed internal street to connect with previously developed
areas. (PUBLIC WORKS)
q. In regard to abandonment of access easement, please provide alternative
access prior to abandonment of easement (acceptable to Director of
Public Works.) (PUBLIC WORKS)
2. Sikes Estates, Section G, Unit 5, Block 6, Lots 2 -A & 2 -13 (Jan `03)
a. Show existing median cuts in Southwest Parkway. Design driveways to
align with openings.
b. Remove Lake Park Drive from plat. Lake Park Drive street name has
been changed to Taft.
C. Provide utility slips.
d. If there is proposed access to Lot 2 -13 from Southwest Parkway, dedicate
an access easement.
e. Show median and openings on Southwest Parkway.
f. Extend sewer main to serve both lots. (PUBLIC WORKS)
g. Extend water line to serve both lots. (PUBLIC WORKS)
h. Comply with stormwater detention in accordance with City of Wichita Falls
ordinance.
i. Texas Dept. of Transportation does not oppose the platting of this
property as shown but would suggest limiting access to FM 369 to
conform with TxDOT's current regulations for Access Driveways to State
Highways. This will require the owner to submit a formal written request
for this driveway. Please note that access to FM 369 (Southwest
Parkway) must comply with these regulations. (John Barton, TxDOT, 720-
7740).
Mr Sons made a motion to approve the Consent Agenda. Mr. Bradberry seconded the
motion. The Consent Agenda passed with a unanimous vote.
V. REGULAR AGENDA
1. Construct Zero Lot Line Residences
Proposed Avery Row Court
Case C 03 -01
Property Owner ........................... Michael Lam
Requested Action ........................ Approval of zero -lot line development in SF -1
Purpose ........ ............................... To construct eight zero -line residences
Property ........ ............................... Proposed Lot 1 -8 Fountain Park, Section 22 -B
Existing Land Use ........................ Vacant Land
Surrounding Land Uses & Zoning N: Residences, SF -1
E: Zero lot lines, SF -1
S: Vacant land, MFR
W: Vacant land, MFR
PLANNING & ZONING COMMISSION JANUARY 8, 2003 PAGE 3
Analysis:
The applicant requests a conditional use permit to construct eight zero -lot line homes.
They are to be located on Avery Row Court, a proposed street. West of here is Warrick
Court a zero -lot line neighborhood. In a Single Family -1 zone, zero lot lines residences
require a conditional use permit. Proposed Lot 9 is zoned Multifamily, but no
development has been proposed for this lot. There is a pending plat showing the zero
lot line lots, scheduled for Planning and Zoning Commission consideration at this
meeting. Approval of this plat will be conditional upon the approval of this zero -lot line
use request.
This property is located in the Fountain Park Subdivision, a residential subdivision
where there are other zero -lot line homes. Staff believes that these homes will be
compatible with the surrounding neighborhood, and will not negatively impact
surrounding properties or property owners.
Recommendation:
Staff recommends approval of this request.
Mr. Sons made a motion to approve this conditional use request. Mr. Nelson seconded
the motion.
Twenty -six surrounding property owners were notified of the request. Four replied in
favor and none were opposed. Three responses were received that indicated they
were undecided.
Mr. Jim Biggs, representative for the developer, stated this cul -de -sac would mirror the
one across the street with rear entry, upscale homes. When asked about the fence, he
replied that each home would be responsible for their own fencing. He stated there
would be a 30 -35 foot alley access and he was not aware of additional fencing in that
area.
Mr. Clark stated that City Council approved a waiver to allow the length of this cul -de-
sac.
Mr. Nelson stated he was concerned about the fence comments received from the
neighbors. Chairman Berg stated that with alley access, rear entry and privacy fences
the homes would blend and be consistent with other homes in the area.
Mr. Tom Shaw, 3010 Cromwell, stated he lives across from Lot 1 (on Avery Row) and
expressed concern for the type of fencing materials that might be considered. It was
noted that wooden privacy fences are preferred in that neighborhood. Chairman Berg
explained that the deed restrictions will have regulations regarding the fencing for that
area.
The vote was unanimous in favor of approval.
2. Approval of Final Plat
Fountain Park, Section 22 -13, Block 45, Lots 1 -9 & Block 46, Lots 1 -12 (Jan. '03)
a. Place 25 -foot building limit line on Lot 9.
b. Rename Avery Row to "Avery Row Court". "Court" is the preferred suffix
for a cul -de -sac.
C. Zero -lot line development requires conditional use approval in this zone.
d. The applicant has requested a waiver of the 300 foot limit on cul -de -sacs.
Approval of this plat is conditional upon the granting of that waiver.
e. Extend sewer main to serve all proposed lots. (PUBLIC WORKS)
f. Extend water lines to serve all proposed lots. (PUBLIC WORKS)
PLANNING & ZONING COMMISSION JANUARY 8, 2003 PAGE 4
g. Construct internal streets according to City of Wichita Falls
criteria /ordinance. (PUBLIC WORKS)
h. Comply with stormwater detention ordinance. (PUBLIC WORKS)
i. Drainage /utility easements shall be 20' minimum in width. (PUBLIC
WORKS)
j. Drainage /utility easements shall have adequate maintenance access.
(PUBLIC WORKS)
There was a motion and a second to approve this plat. The plat passed with a
unanimous vote in favor.
3. Convert Non - Conforming Use in SF -2
1201 North Third Street
Case C 03 -02
Applicant ....... ............................... Donald E. Ehlert
Requested Action ........................ Conditional Use Permit
Purpose ........ ............................... To convert existing non - conforming retail sales to a
Laundromat.
Property ........ ............................... 1201 North Third Street
Existing Land Use ........................ Retail sales of second hand goods
Surrounding Land Use & Zoning. N: Auto Repair, SF -2
S: Residence, SF -2
E: MPEC Ag. Center, RDD
W: Vacant Lot, SF -2
Analysis:
This site is zoned SF -2 and is currently used as a retail center for used merchandise.
The owner wishes to convert the store into a Laundromat. The owner has indicated
that this building was initially built as a Laundromat before the conversion into retail
sales. City directories indicate a Laundromat at this location until 1988.
A non - conforming use may be converted to another non - conforming use through the
conditional use process provided that the impact on the neighborhood is the same or
less intense. The Zoning Ordinance also allows for the continuation of a non-
conforming use, that has ceased operation for more than two years, with a conditional
use permit.
Recommendation:
Because this site was originally developed as a Laundromat and is a commercial
structure, staff feels that this proposed use is compatible with the surrounding area and
recommends approval of this project.
Developmental Requirements
• This project will be subject to all building codes.
• No additional signs may be placed on the property other than the existing wall
sign.
• Provide a minimum of six hard surfaced paved parking spaces.
• Provide landscaping where possible per landscaping ordinance.
Mr. Nelson made a motion to approve this non - conforming use. Mr. Rowland seconded
the motion.
Eleven surrounding property owners were notified of this request. Three replied in favor
and none were opposed.
PLANNING & ZONING COMMISSION JANUARY 8. 2003 PAGE 5
Mr. Don Ehlert, applicant, asked for a waiver of the six paved spaces. He stated that
there is currently gravel in the parking lot and it has been there long enough so that it
does not get into the roadway. Mr. Seese stated that only the City Council can grant a
waiver because the hard surface requirement is a Zoning Ordinance requirement.
The vote was unanimous in favor of approval.
4. Wild Bird Rescue Center
4611 Lake Shore Center
Case C 03 -03
Applicant ....... ............................... Kimberly Payne, Wild Bird Rescue, Inc.
Requested Action ........................ Conditional Use Permit
Purpose ........ ............................... Wild Bird Rescue
Property ............ ...........................4611 Lake Shore Drive
Existing Land Use ........................ Boat Ramp to access Lake Wichita
Surrounding Land Use & Zoning. N: Vacant Land, SF -2
S: Lake Wichita
E: American Legion, RMU
W: American Legion, RMU
Analysis:
Wild Bird Rescue is a non - profit organization that cares for sick, injured, or orphaned
wild birds with the goal of returning them to the wild when possible. They would like to
locate a facility at 4611 Lake Shore Drive. This location is owned by the City of Wichita
Falls and is currently used by the public as a boat ramp to access Lake Wichita. Wild
Bird Rescue wishes to lease a portion of the property to build aviaries and remodel and
expand an existing building. The proposal is to fence the area that is to be leased to
Wild Bird Rescue. This will not block or inhibit the use of the existing boat ramp that will
remain open to the public.
This facility will have two to four employees at any given time and will operate within the
hours of 8:00 a.m. to 8:00 p.m. seven days a week. The applicant has indicated that
the traffic volume for bird drop -offs will probably be no more than five vehicles per day.
This lot is within a Residential Mixed Use zoning district and requires a conditional use
permit. Because this property is under the control of the Parks and Recreation
Department, the proposal was reviewed by the Wichita Falls Park Board on December
5, 2002. The Board approved a motion supporting the concept of the Wild Bird Rescue
facility.
Recommendation:
Staff feels that this use is compatible with the surrounding area and recommends
approval of this project.
Developmental Requirements:
This project will be subject to all developmental requirements including building codes,
platting, and irrigated landscaping.
Mr. Bradberry made a motion to approve this request. Mr. Rowland seconded the
motion.
Mr. Seese informed the Commission that Council tabled the decision on the lease for
this property because of concerns with the lease and to wait on this decision.
Four property owners were notified of this request. One replied in favor and none were
opposed.
PLANNING & ZONING COMMISSION JANUARY 8, 2003 PAGE 6
Mr. Seese stated he had one requirement to include which was that the project will be
subject to developmental requirements also stated in the lease with the City of Wichita
Falls.
Ms. Kimberly Payne, applicant, explained that Wild Bird Rescue receives baby,
orphaned birds as well as injured and diseased birds. Most are released into the wild
after being rehabilitated.
Mr. Seese stated that the City has allowed the area that was formerly used for boat
ramp parking to be used for their parking.
Chairman Berg stated again that the motion was amended to include the lease with the
City. The conditional use request was passed with a unanimous vote in favor of
approval.
5. Carport
1127 Ireland Street
Case C 03 -04
Mr. Bradberry made a motion to approve this carport request. Mr. Sons seconded the
motion.
Sixteen surrounding property owners were notified of this request. No responses were
received.
Mr. Melvin Smith, applicant, stated he wants to protect his car from the environment
with a carport. It would be constructed from steel.
The carport was approved with a unanimous vote in favor.
VI. OTHER BUSINESS
1. Zoning Amendment
Allow Limited Multifamily Development in SF -1 and SF -2
Amend Various Sections of the Zoning Ordinance
Proposed Zoning Amendment to Amend Sections 3070, 3080, 3130, 3140 and Add
Section 5915
At their December 3rd meeting the City Council approved a rezoning to allow several
fourplexes on Wyoming Avenue. During its discussion of this case, the Council
recommended that the Planning and Zoning Commission look at an alternative to the
MFR zoning district to provide for duplex, triplex and fourplexes.
Currently SF -1 does not allow a duplex, only a detached second accessory dwelling
unit; SF -2 allows a single duplex with a conditional use permit.
One idea would be to allow a "limited multifamily" development as a conditional use in
single family -1 and single family -2. It would allow low- density, multifamily uses, but not
the large, multi -story "apartment complex" structures. As a starting point for discussion,
staff suggests the following:
5915 Limited Multifamily Residential Regulations
Purpose
PLANNING & ZONING COMMISSION JANUARY S, 2003 PAGE 7
The purpose of the limited multifamily regulations is to provide for consideration of
duplex, triplex or fourplex structures within a single - family district. Limited multifamily
structures shall be compatible in appearance with new single - family residences.
Development Regulations
1. Density: Each structure shall contain no more than four dwelling units each.
There shall be no more than 13 units per gross acre.
2. Open Space: 20% of lot area shall be open space.
3. Height: 35 feet maximum.
4. Number of stories: There shall be allowed with an approved site plan that
considers adjacent or neighboring single - family dwellings, 2 -story units where
there is a single family. There shall not be a separate dwelling unit above
another dwelling unit.
5. Building Coverage: 55% maximum
6. Parking: 2 spaces on -site per dwelling unit. Parking areas shall be designed
where vehicles do not back out into the street.
7. Fencing and Screening: See Section 4600
8. Setback 30 foot minimum: See Section 4640
9. Landscaping: See Section 6800
Sections 3070, 3080, 3130, and 3140 of the zoning ordinance concerning conditional
uses and residential density limits should also be amended to conform to the above.
Mr. Seese stated that there has been new development consisting of the construction
of single story fourplexes in Wichita Falls. There appears to be a successful market for
this type of housing. Rezoning has occurred to Multifamily Residential to accommodate
this type of housing. The proposed change would create a conditional use approval for
a limited multifamily use.
Chairman Berg stated he was in favor of this zoning change because it will assure
neighbors that only a one story complex will be built. In the past, there has been
concern that if an area were rezoned to MFR that mutilple story units might be
constructed next to residential single story homes.
Mr. Bradberry made a motion to approve this change. Mr. Nelson seconded the
motion. The vote was unanimous in favor of approval.
2. Proposed Zoning Text Change
To Allow Commercial Daycare and Limited Daycare in a SF -1 District as
Conditional Uses, and Limit Commercial Day Care Centers Within Single Family
Districts to Operate Only Within Non - Residential Buildings.
At its October 9th meeting, the Planning and Zoning Commission recommended
amending the Zoning Ordinance to allow Commercial Day Care Center within the
Single Family -2 zoning district as a conditional use. This issue went before the City
Council in September 2002. The City Council approved the amendment but wanted to
allow for a commercial daycare within the Single Family -1 district as well. Any change
to the Zoning Ordinance requires review by the Planning and Zoning Commission.
Therefore this Issue is being brought to the Commission with the proposal of allowing
commercial daycare and limited daycare as a conditional use within the SF -1 district.
Also, staff is recommending the Zoning Ordinance be amended so that any commercial
day care center approved as a conditional use within the SF -1 district or the SF -2
district be restricted to non - residential buildings only. This would prohibit the
conversion of a residence into a commercial day care center. Staff feels the following
PLANNING & ZONING COMMISSION JANUARY 8, 2003 PAGE 8
proposal will meet the objectives of the Planning and Zoning Commission and the City
Council:
1. Amend Section 3100 SF -2 Single Family Residential District (Standard Lot),
Subsection 3130 Conditional Uses, under Civic Uses, to add the following:
- Day Care Centers, Commercial (non - residential building)
2. Amend Section 3040 SF -1 Single Family Residential District (Large Lot),
Subsection 3070 Conditional Uses, under Civic Uses, to add the following:
- Day Care Centers, Commercial (non - residential building)
- Day Care Centers, Limited (not conducted as a home occupation
Mr. Nelson asked if there had been any requests for commercial day care centers in
SF -1; Mr. Seese replied that they had only been requested in SF -2. Mr. Seese stated
the addition of day care to SF -1 might alleviate possible zoning changes to newly
annexed areas of the City.
Mr. Barr inquired about home schools. Mr. Seese stated that they would not fall under
day care classification.
Mr. Sons made a motion to approve this Zoning Ordinance change. Mr. Bradberry
seconded the motion. The vote was unanimous in favor of approval.
2. City Council Update
• Waiver to Permit a Proposed 590 foot Cul -de -sac in Bridge Creek Estates
• Waiver to Permit Three Cul -de -sacs in High Point Village in Excess of 300 feet.
• Rezoning 1604, 1606, 1608, & 1610 Thirteenth Street from SF -2 to LC
• Waiver to Permit a 400 foot Cul -de -sac in Fountain Park
Mr. Clark stated that the three waivers were passed. He reminded the Commission that
the proposed subdivision regulations will allow for a 600 foot cul -de -sac which would
eliminate this process in the future. The rezoning also passed.
3. Discussion of Items of Concern to P &Z Members
Mr. Seese stated the City is the Metropolitan Planning Organization for this area. This
is a governing unit which receives state and federal funds for transportation planning.
Every five years the 20 -year transportation plan, which includes all avenues of
transportation, is updated. He further explained that P &Z will be asked to comment on
the plan.
VII. ADJOURN
The meeting adjourned at 2:45 p.m.
Cliff Berg, Chairman
ATTEST:
Date
Steve Seese, City Planning Administrator Date
PLANNING & ZONING COMMISSION JANUARY 8, 2003 PAGE 9