Planning and Zoning Commission Minutes - 10/08/2003MINUTES
PLANNING & ZONING COMMISSION
October 8, 2003
PRESENT:
Cliff Berg, Chairman
Charles Barr
Cayce Cleary
Rusty Sons
Ken Birck
J. C. Bradberry
David A. Clark, Director of Community Development
Paul Stillson, Planner II
Marty Odom, Planner II
Diane Parker
ABSENT:
Susan Wood Reeves
L. O. Nelson
Bill Rowland
Steve Lane
Patrick Powers
I. CALL TO ORDER
The meeting was called to order by Chairman Berg at 2:00 p.m.
II. APPROVAL OF MINUTES
CITY CLERK'S OFFIC1tE�j
Date / y°�'
By 6 Time
• Members
• Alternate #2
• Alternate #1
♦ City Staff
♦ Member
Mr. Barr made a motion to approve the minutes of the September 10, 2003 meeting. Mr. Sons
seconded the motion. The minutes were approved with a unanimous vote.
III. CONSENT AGENDA
Public Hearing on Preliminary Plats — none received
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
PLANNING & ZONING COMMISSION October 8, 2003 PAGE 1
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. Westmoreland Park and Adjacent Properties, Block 106 -A, Lots 1 and 3 (Oct. '03)
a. Provide utility slips.
b. Show boundaries of adjacent parcel to the north owned by the City, not park of
Kell right -of -way.
C. Switch over of 6" sewer line flows to the 21" sewer line and the abandonment of
the 6" line shall be completed for approval before easement can be abandoned.
(PUBLIC WORKS)
d. Must use City sewer services. (HEALTH)
2. Westmoreland Park and Adjacent Properties, Block 116, Lot 8 -A [replat] (Oct. '03)
a. Provide curb and gutter escrow funds ($15.00 per linear footage of frontage on
streets without existing curb and gutter). (PUBLIC WORKS)
b. Must use City sewer services. (HEALTH)
Mr. Sons made a motion to approve the Consent Agenda. Mr. Bradberry seconded the motion.
The Consent Agenda passed with a unanimous vote.
IV. REGULAR AGENDA
Chairman Berg requested that Case 03 -61, the approval of a retail /wholesale operation at 2003
Kemp Blvd. be moved to the beginning of the Regular Agenda.
1. Case C 03 -61
Retail /wholesale Operation
2003 Kemp Blvd.
Mr. Birck abstained from participation and voting in this case because of a conflict of interest.
The applicant, Mr. Azad Nathani, requested a conditional use permit tolocate a retail /wholesale
business on Kemp Blvd which is zoned Limited Commercial. Retail sales in LC require
conditional use approval.
Staff had concerns about the intensity of the wholesale aspect of this business. Approval was
recommended with the following conditions:
1. Delivery vehicles shall not back out or into Kemp, when entering or exiting
the site.
2. Adequate parking spaces are reserved for retail customers at the rate of one
parking space per 200 s.f. of retail space. Trucks shall not block required parking
spaces.
3. The intensity of the operation is not more than what would normally be
expected of a typical LC office or retail use.
4. Outdoor storage of merchandise or discarded materials is not permitted.
5. Large trucks shall not park on the site overnight.
PLANNING & ZONING COMMISSION October 8, 2003 PAGE 2
Eighteen surrounding property owners were notified of this request. One responded in favor,
none were opposed, one responded undecided, and one responded they would be in favor if the
merchandise were not obscene in nature.
Mr. Barr made a motion to approve this request; Ms. Cleary seconded.
Mr. Richard Remonick, representative for the applicant, stated that deliveries will be made by
UPS, Fedex or small -scale delivery vans. There will be no drive - through or repair business
located on the premises. Items in this facility will be delivered to convenience stores in the area
with a minimum of walk -in business. There will not be any outside display of merchandise. Due
to the specified delivery system, there will not be any large trucks parked at this business
overnight. The impact of this business will be less that the current surrounding businesses, dry
cleaners and bakery. He stated there will be four employees with a potential growth to 20 new
employment positions. This business will capture some of the present business whose out -of-
town suppliers take the tax revenue and jobs out of Wichita Falls.
Mr. Tom Longest, adjacent property owner, spoke favorably for the approval of this request.
The motion, including the five conditions, was approved with a vote of five (5) in favor and none
(0) opposed.
2. Case R 03 -09
Rezone from Limited Commercial to General Commercial
1516, 1518, 1520, 1522, 1524, and 1528 Kell Boulevard
1522, 1523, 1524, 1526, and 1528 Seventeenth Street
The applicants have requested 11 parcels of land be rezoned from Limited Commercial
to General Commercial. In the 1920's, this area was developed as residential.
Currently, this neighborhood contains a mixture of residences and vacant lots. These
properties are west of the transitional curve that provides access to Kell Boulevard from
Holliday Street.
The Planning and Zoning Commission heard this case in September; however, the
request was tabled because the proposed area consisted of three disjointed tracts. The
applicants submitted a new request for the October meeting consisting of one tract of
contiguous properties.
Staff recommended approval of this request. If approved, an amendment to the Land
Use Plan changing the area from Low Density Residential to Commercial will be
required.
Thirty surrounding property owners were notified of this request for the October
meeting. One responded in favor and three were opposed.
For the original application in September, 34 surrounding property owners were notified.
Six responded in favor; two were opposed; and two responses received were
undecided.
PLANNING & ZONING COMMISSION October 8, 2003 PAGE 3
Mr. Sons made a motion to recommend approval to City Council that this area be
rezoned to General Commercial. Mr. Bradberry seconded the motion.
Chairman Berg stated that he appreciated the time, energy and effort Mr. Jon Moller,
applicant and representative for the other applicants, has devoted to this project. The
chairman noted the extensive information of Mr. Moller's research.
Mr. Moller gave a brief description of his developmental research for this area to include
redevelopment for its best use.
Mr. Birck stated there is obsolesce in this area. He felt the only way to bring those
properties back into the economy is rezoning. He stated he would be in favor of this
request.
Mr. Barr agreed with Mr. Birck's comments. He felt this rezoning would be a step for
the growth of the City.
Chairman Berg reviewed the neighborhood comments. In answer to the opposing
responses, he stated that commercial establishments and increased traffic would be
addressed during the platting process along with the submittal of development plans
The vote was unanimous in favor of approving the recommendation to City Council.
Mr. Barr made a motion to recommend to Council to amend the land use plan for this
area from low density residential to commercial. Mr. Birck seconded. The
recommendation was unanimous in favor of approval.
Mr. Clark reported that City Council has requested a zoning review of the properties
along Kell Blvd. and Kemp by staff and this Commission.
3. R 03 -10
Rezone from General Commercial to Single Family -2
Windmill Lake Addition, Block 1, Lots 1 -09; Block 2, Lots 1 -9 & Lot 11; and
Block 3, Lots 2 -10
Mr. Dennis Probst, representing Dennis Northcrest L.P./Texas 4 Partnership, requested
the rezoning of 15.3 acres of vacant land from General Commercial to Single Family -2.
The developer proposes to construct 18 zero -lot line homes and 16 single - family
homes. The final plat of this subdivision was approved in July, 2003.
This request is a more restrictive zoning and the Land Use Plan already indicates this
area as low density residential. Staff has recommended approval of this request.
Nineteen surrounding property owners were notified of this rezoning. One responded in
favor and four were opposed. Opposition concerned quality of homes and street
PLANNING & ZONING COMMISSION October 8, 2003 PAGE 4
connectivity. The preliminary plat for this subdivision proposes a future extension of
Arrowhead Drive to Seymour Highway.
Development of this property to residential is not contingent upon rezoning approval.
Single family dwellings are a permitted use in General Commercial zoning.
Mr. Sons made a motion to recommend approval of the rezoning to City Council. Ms.
Cleary seconded the motion.
Mr. Chuck Dennis, applicant, stated the first phase of this project will provide access to
the top of the hill. The second phase will connect to Seymour Highway to the hill. Mr.
Birck inquired about the quality of homes. Mr. Dennis replied that the zero -lot line
homes would be priced in the upper $100,000's; single family, in the lower $200,000's.
To questioning from someone in the audience, Mr. Dennis replied that Arrowhead Drive
would go through and connect at Seymour Highway near the VFW building. He
continued by stating that, with the required development ordinances, the pricing
dictates the density. He also stated that the current zoning would permit apartment
complexes which would be of greater density. Mr. Dennis stated there would be 33
houses in the first phase, which would start from Arrowhead and proceed northwest.
Mr. Barr stated he lives at the opposite end of Arrowhead and does not have a problem
with this request. He does not see a slight increase in traffic as a detriment.
Mr. Don Van Kirk inquired about the completion of the second phase. There was
discussion regarding the prediction of the flow of traffic. Mr. Van Kirk stressed the
increase in traffic would be a problem. He inquired about the construction of new
houses in this historic district.
Mr. Clark stated this area is not a technically designated historic district. He reminded
the Commission that the area is zoned General Commercial which has a wide array of
permitted land uses.
Mr. Greg Ciuba stated he does not have a problem with the development if these
houses do not turn into Section 8 housing in years to come. Mr. Birck suggested
visiting some of Mr. Dennis' housing developments around Wichita Falls to get an idea
of the quality of homes he builds.
Mr. Probst stated that Mr. Dennis is constructing a lake in this subdivision and the lots
are larger than required (two lots per acre). The rezoning is being requesting to protect
this subdivision from potential neighboring mobile homes, sexually- oriented businesses,
duplexes and quadruplexes.
Mr. Dennis assured the Commission there would be deed restrictions with architectural
controls beyond the scope of the Zoning Ordinance. The zero -lot line homes will be
1,850; 1,950; 2,050; and 2,150 square feet. Single family will generally have more that
2,000 square feet.
PLANNING & ZONING COMMISSION October 8, 2003 PAGE 5
The vote was unanimous in favor of recommending approval to City Council for the
rezoning.
4. Case C 03 -49
Carport
3000 Blanton Street
The applicant, Mr. Jerry Wilson, requested approval to located a carport within the front
setback at his residence. Six properties within 200 feet of this location have carports
within the setback area.
Twenty -six property owners were notified of this request. Five responded in favor and
none were opposed.
Mr. Barr made a motion to approve this request; Mr. Bradberry seconded. The vote
was unanimous in favor of approval.
5. Case C 03 -51
Carport
2723 Darwin
Mr. Ron Judd, applicant, requested approval to locate a carport within the front setback
at his residence. This carport will be an extension of the existing roof. There are no
properties within 200 feet of this residence that have carports within the front setback.
Twenty -four surrounding property owners were notified of this request. Three
responded in favor, four were opposed, and one responded with no opinion.
Mr. Bradberry made a motion to approve this carport; Ms. Cleary seconded.
Mr. Judd described the carport as having a framed gable coming from the house with a
composition roof. It will give the appearance that it was originally constructed with the
house.
Two citizens, Mr. John Lane and Ms Debbie Baxter, spoke in opposition to this carport.
Their concerns were aesthetics, no existing carports in the neighborhood, and vehicles
parked in front of the residence.
After much discussion, the Commission decided to amend the original motion. Mr. Barr
made a motion to approve this request with the following conditions:
1. The gable roof shall attach to the existing roof to appear as if it were
constructed when the home was built; and
PLANNING & ZONING COMMISSION October 8, 2003 PAGE 6
2. The railing shall be permitted; and
3. Installation of landscaping screen to exceed four (4) feet in height at maturity.
Ms. Cleary seconded. The amended motion was approved with a unanimious vote in favor.
6. Case C 03 -52
Carport
1407 East Cortez Drive
The applicant, Mr. James Fleischer, requested approval to construct a carport to locate
within the front setback at his residence. There is one property within 200 feet that has
a carport within the setback.
Twenty -one surrounding property owners were notified of the carport request. Five responded
in favor and none were opposed.
Mr. Sons made a motion to approve this carport with Mr. Barr offering the second. The vote was
unanimous in favor of approval.
7. Case C 03 -53
Carport
1809 Eden Lane
Mr. Ken Lambert, applicant, submitted a request to construct a carport, within the front
setback, at his residence. There is one property within 200 feet with a carport within
the setback.
Twenty surrounding property owners were notified of this request. Eight responded in
favor and none were opposed.
Ms. Cleary made a motion to approve this carport. Mr. Bradberry seconded. The vote was
unanimous in favor of approval.
8. Case C 03 -54
Carport
1420 Deville Street
The applicant, Ms. Pam Samples, submitted a request for approval of a carport to be
constructed in the front setback of her home. The size of the carport has been changed
to 16' x 20' which was slightly different than her application. There are four properties
within 200 feet that have carports within the front setback.
Sixteen property owners were notified of this request. Five responded in favor and
none were opposed.
Mr. Sons make a motion to approve this carport; Mr. Barr seconded the motion. The
vote was unanimous in favor of approval of this request.
PLANNING & ZONING COMMISSION October 8, 2003 PAGE 7
9. Case C 03 -55
Carport
1607 Best Blvd.
Mr. Noe Montez, applicant, submitted request to construct a carport within the front
setback at 1607 Best Blvd. There is one property within 200 feet that has a carport
within the front setback area.
Twenty -two surrounding property owners were notified of this request. Five responded
in favor and none were opposed.
Mr. Bradberry made a motion to approve this carport and Ms. Cleary seconded. The
vote was unanimous in favor of approval.
10. Case C 03 -56
Carport
4233 Idlewood Drive
Mr. Merrell Blakely, applicant, submitted a request to construct a carport within the front
setback at his residence. There are five properties within 200 feet that have a carport
within this setback area.
Twenty -one surrounding property owners were notified of this carport request. Seven
responded in favor and none were opposed.
Mr. Bradberry made a motion to approve this carport request. Mr. Sons seconded the
motion. The vote was unanimous in favor of approval.
11. Case C 03 -60
Carport
4101 Mustang
Ms. Ruby Hasertt, applicant, requested approval to construct a carport in the front
setback of her residence. There are two properties within 200 feet that have carports in
the front setback.
Twenty -six surrounding property owners were notified of this carport request. Ten
responded in favor, none were opposed, and one responded with no opinion.
Ms. Cleary made a motion to approve this carport. Mr.Sons seconded. The vote was
unanimous in favor of approval.
12. Case C 03 -62 Approval of a communications tower at 5508 Burkburnett
Road was withdrawn by the applicant prior to the meeting.
PLANNING & ZONING COMMISSION October 8, 2003 PAGE 8
13. Case C 03 -63
Carport
2901 Baltimore Road
Mr. James Armstrong, applicant, submitted a request to construct a carport in the front
setback at his Baltimore Road residence. The site plan on this carport shows it will be
three feet from the side property line. The ordinance requires a carport to be
constructed of metal in order to be that distance from the property line. There are six
properties within 200 feet that have a carport in the front setback area.
Twenty -two surrounding property owners were notified of this request. Ten responded
in favor and none were opposed.
Mr. Barr made a motion to approve this carport request. Ms. Cleary seconded. The
carport was approved.
V. PUBLIC COMMENTS
No one from the audience addressed the Commission.
VI. OTHER BUSINESS
1. City Council Update
Rezone 1610 Kell Blvd. from LC to GC
Mr. Clark stated that Council approved this rezoning request. He also commented that
Council has requested staff and the P &Z Commission to look at possibly rezoning Kell
and Kemp to accommodate commercial endeavors. This would be a detailed, large -
scaled project to include neighborhood meetings and P &Z workshops. Review and
updating the Land Use Plan would also be required.
VII. ADJOURN
The meeting adjourned at 3:37 p.m.
Cliff Berg, Chairman
ATTEST:
Date
David A. Clark, Director Date
PLANNING & ZONING COMMISSION October 8, 2003 PAGE 9