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Planning and Zoning Commission Minutes - 05/14/2003MINUTES PLANNING & ZONING COMMISSION May 14, 2003 PRESENT: Cliff Berg, Chairman Charles Barr Ken Birck J. C. Bradberry L. O. Nelson Susan Wood Reeves Bill Rowland Cayce Cleary (seated in the audience) David A. Clark, Director of Community Development Marty Odom, Planner ABSENT: Rusty Sons Patrick Powers I. CALL TO ORDER Chairman Berg called the meeting to order at 2:00 p.m. RECEIVED IN CITY CLERK'S OFFICE Date "o-�!) By Time g 3D1 • Members • Alternate #2 ♦ Member ♦ Alternate #1 ♦ City Staff • Mr. Clark stated that, within the Community Development Department, there has been a reorganization of duties and staff. The Metropolitan Planning Organization and Transportation Planning have been moved to the Department of Aviation, Traffic, and Transportation. Mr. Seese and Mr. Barnett will continue working in those areas officing in the Central Services building on Seymour Highway. Chairman Berg thanked Mr. Seese for his contributions to the Planning & Zoning Commission and commented that it has been a pleasure to work with him. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. Ill. APPROVAL OF MINUTES Mr. Bradberry made a motion to approve the minutes of the April 9, 2003 meeting. Ms. Reeves 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: PLANNING & ZONING COMMISSION MAY 14, 2003 PAGE 1 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 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. Rolling Hills Estates Preliminary (May `03) a. Suggest considering connecting a north -south street to the preliminary platted subdivision to the south. b. Show 15 -foot building limit line along Gregg Road. C. Define detention area and give lot number. d. Show east right -of -way line of Block 14 as solid line. e. Show right -of -way width of Gregg Rd. and Langford Lane. Dedicate additional right -of -way, if required by the Thoroughfare Plan. f. Lot 5, Block 17 is unbuildable, reconfigure lot or easement in lot. g. Remove line in right -of -way in Block 12. h. Show easements with a dashed line in Lot 17, Block 2, and Lots 1 & 2, Block 17. i. Please field locate sanitary sewer and water to verify they do not lie within property boundaries. (PUBLIC WORKS) j. Provide curb and gutter escrow as necessary. (PUBLIC WORKS) k. No open space or parks or trail connection through to Lake Wichita. No City funds identified for land purchase, park construction, or park maintenance. (PARKS) I. Ten (10) foot Oncor easement will need to be provided along road rights -of -way and through various lots prior to approval of a final plat. (ONCOR) 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. PLANNING & ZONING COMMISSION MAY 14, 2003 PAGE 2 1. McKenzie & Knight, Subdivision, Block 23, Lot 1 (May. `03) a. Provide utility slips. b. Dedicate five (5) feet for street widening along Fairfax Ave. as per the Thoroughfare Plan. C. Extend sanitary sewer to serve all proposed lots. (PUBLIC WORKS) d. Extend water to serve all proposed lots. (PUBLIC WORKS) e. Construct all internal streets and /or drainage per City of Wichita Falls ordinance and criteria. (PUBLIC WORKS) f. Provide stormwater detention per City of Wichita Falls ordinance and criteria. (PUBLIC WORKS) g. Provide curb and gutter escrow deposit for adjoining street presently without curb and gutter. (PUBLIC WORKS) Mr. Barr made a motion to approve the Consent Agenda. Mr. Rowland seconded the motion. The Consent Agenda passed with a unanimous vote. V. REGULAR AGENDA 1. Liquor, Beer, and Wine Store 4505 Kemp Case C 03 -22 Applicant....... ............................... Requested Action ......................... Purpose ........ ............................... Property........ ............................... Existing Land Use ......................... Surrounding Land Uses & Zoning. ...Victor Kocks ...Conditional Use Permit ...Construct a Package Store in GC ....4505 Kemp Blvd., Lot 11, Block 18, Midwestern Park ....Vacant Restaurant N: Taco Bueno, GC E: Mini Golf, GC S: Restaurants, GC W: Kemp Blvd., LC Analysis: The applicant is planning to construct a 75 ft. X 110 ft. (8250 sq. ft.) liquor package store on this site. The property is zoned general commercial. In a general commercial zoning district, a liquor store requires a conditional use permit. The existing fast food restaurant building on this tract will be demolished. Drinking alcoholic beverages is not permitted in a package store, nor are unaccompanied minors permitted to enter. There are 46 parking spaces shown on the applicant's proposed plan. This number of spaces will meet the parking requirements of one parking space per 200 sq. ft. of building used for retail. Landscaping and sidewalks will be provided as required by the zoning ordinance. Staff Comments: Staff is in favor of this request, as this is an established commercial area, appropriate for this kind of use. On premise alcohol is served in the general area and off premise wine and beer are already for sale at the nearby Albertson's Grocery. Ms. Reeves made a motion to approve this conditional use request. Mr. Nelson seconded the motion. Sixteen surrounding property owners were notified of this request. Three (18.75 %) replied in favor, none (0) were opposed, and one (6.25 %) replied as undecided. PLANNING & ZONING COMMISSION MAY 14, 2003 PAGE 3 Mr. Victor Kocks, applicant, stated their current location on Kemp would be leased after moving into the proposed building. He commented the new building would be larger and accommodate more products. The vote was unanimous in favor of approval. 2. Cabana in the Exterior Side Setback 2201 Ellingham Case C 03 -23 Applicant .......... ............................Jeff Lemley Requested Action ..... ....................Conditional Use Permit Purpose ............. ...........................Open Air Pool Cabana Property ............ ...........................2201 Ellingham Existing Land Use .. ......................Residence Surrounding Land Use & Zoning..N: Residence, SF -2 S: Residence, SF -2 E: Residence, SF -2 W: Residence, SF -2 Analysis: The applicant resides at 2201 Ellingham. He is currently having a swimming pool built in the back yard. As part of this improvement, he is proposing to build a 14' x 28' open -air cabana close to the pool. However, the proposed location for the cabana is within the exterior side setback along Martin Blvd. The Zoning Ordinance allows the placement of an accessory building within a setback with a conditional use permit provided that the building is the same or similar style, uses materials that resembles and has the same detailing as the primary structure. Mr. Barr made a motion to approve this conditional use permit. Mr. Rowland seconded the motion. Eleven surrounding property owners were notified of this request. Four (36.36 %) replied in favor and none were opposed. Mr. Jeff Lemley, applicant, stated that he would like to build a cabana in his backyard, located between the newly constructed swimming pool and hot tub which is surrounded by fencing and landscaping. Drawings were provided that indicated compatibility with the existing house. The vote was unanimous in favor of approval. 3. Rezone from SF -2 to LC 2513 & 2515 Buchanan Street Case R 03 -06 Applicant Wallace E. Embrey Sr. Requested Action Rezoning from Sf -2 to Limited Commercial Purpose To request a conditional use permit to rebuild an existing floral shop. Property 2513 and 2515 Buchanan, Lots 9 & 10, Block 14, Highland Addition Existing Land Use Bernice's Flower Scenter Zoning District SF -2 PLANNING & ZONING COMMISSION MAY 14, 2003 PAGE 4 Surrounding Land Use & Zoning N: Residence, SF -2 S: Vacant Lot, SF -2 E: Taco Bell, GC W: Residences, SF -2 Analysis: The applicant owns and operates Bernice's Flower Scenter located at 2515 Buchanan. This business has existed at this location since 1978. The applicant wishes to combine 2515 Buchanan with 2513 Buchanan, remove the existing structures, and then rebuild a new building for the flower shop. The present shop is within a Single Family zoning district and is a legal non- conforming use (grandfathered). The Zoning Ordinance does not allow for the expansion of a non - conforming use within a Single Family zoning district, therefore the applicant seeks to rezone the property to Limited Commercial. If the request for the rezoning is approved, the applicant must also obtain a conditional use permit for retail sales in a Limited Commercial zoning district. The applicant has submitted an application for this purpose and it will be reviewed in today's agenda and it is contingent upon approval of the rezone by City Council. If approved, the Land Use Plan will have to be updated. A motion to recommend approval should also include an amendment to the Land Use Plan to reflect the appropriate change. Staff Comments: Because of the surrounding residences in this area, staff has concerns about encroaching into the neighborhood with a commercial zoning district. We do not recommend approval of this request. Ms. Reeves made a motion to recommend approval of this rezoning case to City Council. Mr. Bradberry seconded the motion. Twenty -two surrounding property owners were notified of this request. Eight replied in favor and none were opposed. Mr. Kerry Maroney, consulting engineer for the applicant, stated this flower shop has been in operation since 1978 and has been located in an SF -2 zoning district prior to the inception of zoning. He further commented that in order to obtain a building permit to increase the size of the shop, rezoning of this non- conforming use is required. He reviewed the surrounding zoning districts then stated that Limited Commercial was selected because it is more restrictive and requires conditional use approval would limit the building to a specific use. He asked the Commission to take into consideration the history of this successful business and their desire to comply with all requirements to enable this rezoning to be approved. Mr. Birck reiterated a review of the surrounding zoning districts with the Commission. He stated that the neighborhood around the floral shop would likely benefit from this zoning change in the future. Commenting further on the neighborhood, he stated that he believed the neighborhood would not get any younger and would not be rehabilitated, with the exception of the properties being maintained. He stated this rezoning would be a benefit to the neighborhood. Mr. Barr noted that the neighborhood responses were in favor of this request. Mr. Clark indicated the configuration of the zoning district boundaries in the area and expressed concern about the effect on the remaining residences. Mr. Nelson commented that a strong point in favor of this request is that the floral shop has been a commercial operation from the start of their business. He also stated that, by requesting Limited Commercial zoning, there would be restrictions regarding the type of business that could operate in that location. PLANNING & ZONING COMMISSION MAY 14, 2003 PAGE 5 The vote was unanimous in favor of approval. 4. Retail Flower Shop in LC 2513 & 2515 Buchanan Street Case C 03 -24 Applicant .............. ........................Wallace E. Embrey Sr. Requested Action ..... ....................Conditional Use Permit Purpose ........... .............................To request a conditional use permit to rebuild an existing floral shop — retail sales in Limited Commercial. Property ............ ...........................2513 and 2515 Buchanan, Lots 9 & 10, Block 14, Highland Addition Existing Land Use ........................ Bernice's Flower Scenter Zoning District .............................. Limited Commercial Surrounding Land Use & Zoning.. N: Residence, SF -2 S: Vacant Lot, SF -2 E: Taco Bell, GC W: Residences, SF -2 Analysis: Note: This request is contingent upon approval of case R 03 -06. The applicant owns and operates Bernice's Flower Scenter located at 2515 Buchanan. This business has existed at this location since 1978. The applicant wishes to combine 2515 Buchanan with 2513 Buchanan, remove the existing structures, and then rebuild a new building for the flower shop. Retail sales requires a conditional use permit within the Limited Commercial zoning district. This project is considered an expansion of a conditional use. Developmental Requirements: If approved, this project will have to meet all developmental requirements including landscaping, parking, replatting, etc. It was noted that a conditional use permit would be subject to City Council approval of the zone change to Limited Commercial. Mr. Bradberry made a motion to approve this request for a conditional use permit for a floral shop. Mr. Birck seconded the motion. Mr. Maroney stated that the conditional use is for the intended purpose of a floral shop. He commented that plans and specifications would be submitted for the new building. He indicated the owners would be willing to consider a brick fagade or something other than a building with metal exterior. There would be a 30 foot setback as well as screening from the residences. He then stated this is the owners' desired location and they do not want to relocate their business. Chairman Berg inquired about approval subject to plans being approved by the Planning staff. Mr. Clark stated that design restrictions could be a condition of approval. Mr. Birck suggested that a veneer of brick or stucco could be added to the exterior sides of a metal building. The exterior of the building was discussed resulting in Commission members deciding the four exterior sides should have ornamental facings. Mr. Maroney reminded the Commission that the new building would be placed in the middle of the large lot [two lots combined into one large lot after being platted]. PLANNING & ZONING COMMISSION MAY 14, 2003 PAGE 6 There was discussion regarding tabling this case. Mr. Maroney asked if there would be a problem proceeding with the development process. Mr. Birck suggested voting on the permit to alleviate any concerns the applicant might have. Mr. Maroney recommended voting on final approval contingent on staff's approval of the building plans. The approval process of the rezoning was then discussed. Chairman Berg stated he would like to amend the motion to conditionally approve the permit if the plans and specifications for construction, design, aesthetics, and fagade were approved by City staff. The Board then discussed their ideas regarding the construction and aesthetics relating to conformance with the neighborhood residential character. Mr. Birck suggested including the Commission's expectations in the motion. He declared that if the conditions were not stated, there would be no basis for revocation of the permit at a later time. Again the aesthetics of the exterior of the building were discussed at length. Mr. Barr made a motion to amend the original motion by stating that the building should not have a corrugated sheet metal exterior. Ms. Reeves seconded the motion. The vote was six in favor and one opposed. The motion passed. The vote on the conditional use permit including the amendment was unanimous in favor. Chairman Berg was unable to remain for the completion of the meeting. At this point, Vice Chairman Nelson presided over the remainder of the meeting.. 5. Carport 3801 Clovis Drive Case C 03 -26 Mr. Lane made a motion to approve this request for a carport. Mr. Birck seconded. Twenty -three surrounding property owners were notified of this request. Eight responded in favor and none were opposed. The applicant was available to answer questions. The vote was unanimous in favor of approval. 6. Building Addition in LC 2615 Grant Street Case C 03 -27 Applicant ................... ........................Michael Alread Requested Action ............................. Conditional Use Permit Purpose ...................... ......................Construct an addition to an office in LC Property ................. ...........................2615 Grant, Lot 9A, Block 20A, Highland Addition Existing Land Use ...... .......................Existing Lloyd Electric Surrounding Land Uses & Zoning..... N: Residences, LC E: Residences, SF -2 S: Rental Center, LC W: Ceramic Shop, Residences, LC PLANNING & ZONING COMMISSION MAY 14, 2003 PAGE 7 Analysis: The applicant is planning to construct a 1970 square foot addition to the existing office building on this site. The property is zoned Limited Commercial, a zone where offices over 1200 square feet require a conditional use permit. The building with the addition will be a total of 4525 square feet. The zoning ordinance requirement for an office is one space per 300 feet of building area. Fifteen parking spaces are shown on the applicant's site plan. This number of spaces will meet the parking requirements. Landscaping will be provided as required by the zoning ordinance. Staff Comments: Staff is in favor of this request, as the impact on the surrounding neighborhood should be minimal. Mr. Lane made a motion to approve this conditional use request. Mr. Rowland seconded. Twenty -three surrounding property owners were notified of this request. Three replied in favor and none were opposed. Mr. Mike Alread, applicant, stated the request is to expand an existing building. He continued stating that one of the surrounding buildings would be demolished to increase the parking area. Then he commented that the street -side facings of the building would be remodeled. The Commission vote unanimously in favor of approving this request. VI. OTHER BUSINESS Approval of the Ordinance Amending Appendix B, Zoning Ordinance Regarding Temporary Sales of Alcoholic Beverages and Sales of Alcoholic Beverages Near Churches, Schools and Hospitals. Mr. Clark explained the ordinance by stating it involves two issues — authorizing the City Manager to approve temporary alcoholic beverage sales permits and to add private schools to the regulations that require a minimum distance alcohol can be sold from churches, schools, and hospitals. Another change would be the measurement of the distance, which would be from property line to property line. Currently, distance is measured from the front door of the establishment selling alcohol to the property line of schools. Mr. Odom commented that state law does change through the years and the City should consider adopting the language that mirrors those changes. He explained that the Board of Adjustment would hear the cases that request a variance of the regulations. Mr. Birck inquired about the exception for restaurants and package stores. Mr. Odom stated the state law does not require the 300 -foot rule for private schools for those uses. Churches and hospitals are always measured from front door to front door. Mr. Barr commented that he was in favor of the Manager authorizing temporary permits. Vice Chairman Nelson stated that these changes would comply with TABC regulations. Mr. Odom explained that these ordinances were previously adopted by the City and these are amendments to the originally adopted ordinances. Mr. Barr made a motion to recommend approval to City Council to adopt these proposed amendments. Mr. Rowland seconded. The vote was unanimous in favor. PLANNING & ZONING COMMISSION MAY 14, 2003 PAGE 8 2. City Council Update Mr. Clark updated the Commission on recent Council action by stating that the regulations pertaining to accessory buildings were passed. The rezoning at Rathgeber and Henry S. Grace Freeway was approved with a more restrictive zone of General Commercial (c). The ordinance was passed to permit alcohol sales in LC. City Council overturned the denial of the manufactured home on Huntington Lane with the condition that the home face Huntington Lane. 3. Discussion of Items of Concern to Members of the P&Z Commission Mr. Birck asked staff to investigate the traffic congestion on Hamilton Avenue by the Tennis Courts. VII. ADJOURN The meeting adjourned at 3:05 p.m. Cliff Berg, Chairman ATTEST: David A. Clark, Director of Community Development Date Date PLANNING & ZONING COMMISSION MAY 14, 2003 PAGE 9