Planning and Zoning Commission Minutes - 03/12/2003I
MINUTES
PLANNING & ZONING COMMISSION
March 12, 2003
PRESENT:
Cliff Berg, Chairman
Charles Barr
Cayce Cleary
Steve Lane
L. O. Nelson
Rusty Sons
Ken Birck
J. C. Bradberry
David A. Clark, Director of Community Development
Steve Seese, Planning Administrator
Paul Stillson, Planner II
Johnny Burns
ABSENT:
Susan Wood Reeves
Bill Rowland
Patrick Powers
I. CALL TO ORDER
The meeting was called to order by Chairman Berg at 2:00 p.m.
II. PUBLIC COMMENTS
r
• Members
• Alternate #2
• Alternate #1
♦ City Staff
♦ Council Liaison
♦ Member
Ms. Lynn Connelly, owner of Pasqual Restaurant located at Harrison and Speedway, stated that her
restaurant has co- existed for several years in this neighborhood. She continued by stating that her patrons
have requested wine with their meals. This restaurant is in a Limited Commercial zoning district that
prohibits the sale of alcoholic beverages. She requested a text change for the Limited Commercial uses to
include the sale of wine (as a beverage with a meal). Chairman Berg asked staff to review this matter,
specifically to allow wine sales as a conditional use in Limited Commercial zoning, and present it to this
Commission at the April meeting.
III. SWEARING IN OF NEW MEMBER
Ms. Cleary, new alternate member, was sworn in by Mr. Seese.
IV. APPROVAL OF MINUTES
Mr. Sons made a motion to approve the minutes of the February 12, 2003 meeting
seconded the motion. The minutes were approved with a unanimous vote.
Mr. Bradberry
PLANNING & ZONING COMMISSION MARCH 12, 2003 PAGE 1
V. 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 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. Bartosh Subdivision, Block 9A, Lots 1 & 2, Preliminary (Mar. `03)
a. Comply with stormwater ordinance. (PUBLIC WORKS)
b. If using on -site sewage facilities, notify Health Dept. regarding review of subdivision plans.
(HEALTH)
2. Sikes Estates, Section H, Block 1, Lots 1 -5 & A; Block 2, Lots 1- 5 & A; Block 3, Lots 1 -38 & A;
Block 4, Lots 1 -29 (Mar. `03)
a. Construct paved connection between South Shepherds Glen and walking trail, as previously
discussed.
b. Show easement on east line of Block 4 and between Lots 1 & 2.
C. Extend sanitary sewer to all proposed lots. (PUBLIC WORKS)
d. Extend water to all proposed lots. (PUBLIC WORKS)
e. Comply with stormwater ordinance. (PUBLIC WORKS)
f. Construct internal streets per City criteria. (PUBLIC WORKS)
g. Additional easements will be needed prior to approving final plat. (PUBLIC WORKS)
3. Whispers of Hope Addition Preliminary (Mar. `03)
a. Provide contour lines.
b. Must be served by approved sewerage system. (PUBLIC WORKS)
C. Comply with curb and gutter ordinance. (PUBLIC WORKS)
d. Comply with stormwater ordinance. (PUBLIC WORKS)
e. Must have approved sewage facilities. (HEALTH)
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:
PLANNING & ZONING COMMISSION MARCH 12, 2003 PAGE 2
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. Bartosh Subdivision, Block 9A, Lot 1 (Mar. `03)
a. Provide utility slips.
b. Property is zoned Light Industrial.
C. Comply with stormwater ordinance. (PUBLIC WORKS)
d. If using on -site sewage facilities, notify Health Dept. regarding review of subdivision plans.
(HEALTH)
2. Rowe Acres, Lots A -E (Mar. `03
a. Oncor utility slip has not been submitted.
b. Label R.O.W. width.
C. Comply with stormwater ordinance. (PUBLIC WORKS)
d. Subdivision has not been reviewed for on -site sewage facilities. (HEALTH)
3. Sikes Estates, Section H, Unit 3, Block 3, Lots 12 -24; Block 4, Lots 7 -19 (Mar. `03)
a. Extend sanitary sewer service to serve all lots. (PUBLIC WORKS)
b. Extend water to serve all lots. (PUBLIC WORKS)
C. Construct internal streets per City criteria. (PUBLIC WORKS)
d. Comply with stormwater ordinance. (PUBLIC WORKS)
e. Install temporary turnaround at west end of proposed South Shepherds Glen. (PUBLIC
WORKS)
f. Additional easements needed by Oncor. (ONCOR)
4. Whispers of Hope Addition, Lot 1 (Mar. '03)
a. Provide utility slips.
b. Provide approved sewerage system. (PUBLIC WORKS)
C. Comply with curb and gutter ordinance. (PUBLIC WORKS)
d. Comply with stormwater ordinance. (PUBLIC WORKS)
e. Additional easements needed by Oncor. (ONCOR)
Mr. Barr made a motion to approve the Consent Agenda. Mr. Birck seconded the motion. The Consent
Agenda passed with a unanimous vote.
VI. REGULAR AGENDA
1. Rezone for Annexed Property to General Commercial
Southeast Corner of FM 890 (Airport Drive) and SH 240 (Burkburnett Road)
Case R 03 -04
Applicant ................. ..........................Randy Stevenson
PLANNING & ZONING COMMISSION MARCH 12, 2003
PAGE 3
Requested Action ...... .......................Rezoning
Purpose ................ ............................For multifamily and commercial uses
Property ............... .............................15 acres of land at the southeast corner of Airport Dr. and Burkburnett
Road
Existing Land Use ..... .........................Vacant Land
Zoning District ........ ...........................SF -1
Surrounding Land Use & Zoning:...... N: Vacant Land, outside of city
S: Vacant Land, outside of city
E: Vacant Land, outside of city
W: McMurry Machine Works, LI
Analysis:
On February 18, 2003, the City Council of the City of Wichita Falls approved the annexation of 15 acres of
land at the southeast corner of Airport Dr. and Burkburnett Road. When annexing land into the city, the area
receives an "automatic" designation of Single Family -1. The applicant has indicated the desire to build a
120 unit apartment complex and other possible commercial projects. The applicant is seeking a rezoning
from Single Family -1 to General Commercial.
The area to the west is zoned Light Industrial.
If approved, the Land Use Plan will have to be updated. A motion to approve should also include an
amendment to the Land Use Plan to reflect the annexation and zoning change.
Recommendation:
Staff feels that this use is compatible with the surrounding area and recommends approval of this rezoning.
A motion was made, and seconded, to recommend approval of this rezoning change and the updating of the
Land Use Plan to City Council.
Eight surrounding property owners were notified of this request. One replied in favor and none were
opposed.
Mr. Randy Stevenson, applicant, stated that he has built two complexes in Wichita Falls, Parkstone Senior
Village and Cross Roads Apartments. This complex will consist of 120 units.
The recommendation passed with a unanimous vote in favor of approval.
2. Light Manufacturing and Outdoor Storage
5300 Seymour Highway (a.k.a. 5320 Seymour Highway)
Case C 03 -09
Applicant .................. .........................Dennis L. Stewart
Requested Action ......... ....................Conditional Use Permit
Purpose ..................... .......................Proposed development including outdoor storage
Property ................. ...........................9.25 Acres out of Block 20, Stehlik & Baber Subdivision, 5300
Seymour Highway, a.k.a. 5320 Seymour Highway
Existing Land Use ...... .......................Portable building, tractor trailer, gravel road, zoned GC
Surrounding Land Uses & Zoning..... N: Residences, light industrial uses , GC
E: Residence, industrial supply, GC
S: Service station, vacant commercial and multifamily tracts, GC, MFR
W: Vacant church property, GC
PLANNING & ZONING COMMISSION MARCH 12, 2003 PAGE 4
Analysis:
The applicant is requesting a conditional use permit for Stewart Environmental Systems, a heating and air
conditioning business. The property is located at the northeast corner of Barnett Road and Seymour
Highway that is in a General Commercial zoning district. The proposal shows an area of outdoor storage
behind a proposed building. The plan includes an internal road and some additional out - parcels. Outdoor
storage is a conditional use in a General Commercial zone.
The City received calls concerning the existing portable building and gravel parking recently placed on this
site. The neighbors and city staff were concerned that the development did not meet theparking, paving
requirements and other city permit requirements. Mr. Stewart was contacted by city staff, and in response,
he submitted the conditional use permit request.
Staff feels that the planned outdoor storage, if installed with a solid privacy fence meeting city ordinance
requirements should be compatible with the adjacent land uses. However, the existing portable building and
gravel parking would only be acceptable if it were a temporary part of an on -going construction project. A
conditional use permit is valid for one year. If no progress has been made within one year, the non-
conforming gravel and building must be removed.
Before the project can be built, the property must be platted, all other developmental requirements met, and
a building permit obtained.
Recommendation:
Staff recommends approval of this conditional use permit with the limitation that If no progress has been
towards platting the property has occurred within one year, the non - conforming gravel and building shall be
removed.
Mr. Bradberry made a motion to approve this conditional use request. Mr. Sons seconded the motion.
There was discussion regarding the condition requiring the removal of the non - conforming gravel and
building. It was decided by the Commission to amend the previous motion. Mr. Nelson made a motion to
approve this conditional use permit with the condition that if no progress has been made toward the
construction project within one year, the non - conforming gravel and building shall be removed and that
outdoor storage must be surrounded by a privacy fence. Mr. Sons seconded the motion. The vote was
unanimous in favor of approval.
Mr. Seese stated that ten surrounding property owners were notified of this request. None replied in favor,
one was opposed, and one reply was marked undecided.
The applicant, Dennis Stewart, stated that the building is a construction trailer. He explained that within six
to eight months, construction would begin on this site. Upon completion of the job, the trailer would be
removed. He stated there would be privacy fences surrounding the leased buildings.
Mr. Gene Robinson, owner of Gene's Kuntry Store at 5308 Seymour Highway, inquired about the impact of
the development regarding drainage. The water currently runs east along Seymour Highway in front of his
store. He expressed concern regarding possible flooding. Mr. Seese addressed this issue by explaining the
detention ordinance which states that, after the construction of a project, the runoff will not be greater than
before construction. When asked about installing curb and gutter on the private street, Mr. Seese stated
that would be at the discretion of the property owner.
The vote was unanimous in favor of approval.
PLANNING & ZONING COMMISSION MARCH 12, 2003 PAGE 5
3. Auto Body Shop in GC
2448 Reilly Road
Case C 03 -11
Applicant ................. ..........................Danny Painter
Requested Action ......... ....................Conditional Use Permit
Purpose ...................... ......................Establish an auto body shop in GC
Property ................ ............................Lot 1, Painter Subdivision
Existing Land Use ....... ......................Residence and shop
Surrounding Land Uses & Zoning..... N: Vacant, GC
E: Residence, GC
S: Residences, vacant land, SF -2, GC
W: Vacant Land, GC
Analysis:
The applicant is requesting approval to operate a commercial auto body shop on the rear of this lot. There
is a residence on the front part of the property. An existing shop building will be added to, and remodeled to
accommodate the business.
The submitted site plan shows 14 parking spaces and a 40 ft. x 85 ft. building. The building includes a 400
s. f. office and a 400 s. f. carport. About 2,600 square feet of the building will be used for auto body repair.
Based on a parking ratio of one parking space per 200 s. f. for auto repair, and one space for the 400 s. f.
office, a total of 14 parking spaces would be required.
The zoning ordinance also requires buffering when nonresidential structures are constructed next to single -
family uses. In this case, a privacy fence is necessary along the east property line next to the adjacent
residence. However, if the adjacent property owner objects to the fence in writing, it could be omitted.
Additionally, the impact of the shop is lessened because the business and parking are setback nearly 160
feet from Reilly Road.
Recommendation:
Staff recommends approval of this conditional use permit with the limitation that no outdoor storage of
automobile parts or wrecked vehicles be permitted on this site where visible from a public street or adjacent
land use.
Mr. Sons made a motion to approve this conditional use request. Mr. Bradberry seconded the motion.
Twelve surrounding property owners were notified of this request. Two replied in favor and one was
opposed.
Mr. Danny Painter, applicant, stated the building was originally constructed for a hobby shop but now he
plans to use it as an auto body shop.
The vote was unanimous in favor of approval.
4. Manufactured Home in SF -1
636 Cartwright Road
Case C 03 -13
Mr. Bradberry made a motion to table this case because no site plan had been submitted and the applicant
was not present to answer questions regarding the case. Mr. Nelson seconded the motion. The vote was
unanimous in favor of the motion.
PLANNING & ZONING COMMISSION MARCH 12, 2003 PAGE 6
VII. OTHER BUSINESS
1. Zoning Amendment
Amending the Accessory Use Regulation
Section 6500
Mr. Seese stated this amendment was the result of a previous public comment from a citizen's request to
construct a garage in his backyard with an elevated pitch roof, similar to the house. The building would be
taller than the accessory building regulation allows. Mr. Seese requested a wording change from "same
style" to "similar style ".
Mr. Nelson asked if this Commission would determine if the building was similar in style and similar detail to
the primary structure; Mr. Seese replied affirmatively and stated that the accessory building would require a
conditional use permit.
Mr. Barr made a motion to recommend approval of this amendment to City Council. Ms. Cleary seconded
the motion. The motion passed with a unanimous vote in favor of approval.
2. Zoning Amendment
Amending Chapter III, Zoning Districts and Chapter IV, Supplemental Development
Regulations
Mr. Seese stated that the setbacks were removed from the Zoning Ordinance and placed in the proposed
Subdivision Regulations. This amendment deletes them from the Zoning Ordinance.
Mr. Sons made a motion to recommend approval of this amendment to City Council. Mr. Bradberry
seconded the motion. The vote was unanimous in favor of approval.
3. Zoning Amendment
Amending the Penalties Section of the Zoning Ordinance
Section 1060
Mr. Seese stated the City Legal Department requested this change to increase the maximum fine from
$200.00 to $2,000.00 which is the maximum allowed by State law.
Mr. Nelson made a motion to recommend approval of this amendment to City Council. Mr. Barr seconded
the motion. The vote was unanimous in favor of approval.
4. Recommendation Concerning the Closure of A Portion of 291h Street Between Travis and
Lamar Street
Mr. Seese stated that City Concrete is asking for the closure of a portion of 291h Street between Travis and
Lamar. Between 28th and 30th Street, Lamar is a paper street, a non -paved area that is not traveled. A dead
end street would be created on the east side /Lamar Street side and a "T" would result on the west
side/Travis Street side. The applicant has been asked to provide an emergency turnaround to aid fire
trucks.
Mr. Richard Boyd, engineer for the applicant, stated that City Concrete owns the property on the north and
south side of 291h Street between Travis and Lamar. He stated he is requesting a recommendation to
Council to approve the closure with the condition that a staff approved turnaround be installed. Mr. Boyd
stated there was not much traffic on 291h Street which has only one house on the south side between Armory
Road and Lamar. Storm drains would be needed in the Lamar right of way to accommodate the bar ditches
PLANNING & ZONING COMMISSION MARCH 12, 2003 PAGE 7
on 291h Street. The grade of the proposed closed portion of 29th would need to be raised to be compatible
with the north and south lots, thus creating one lot with no separation.
Mr. Barr made a motion to recommend approval to City Council to close 29th Street between Travis and
Lamar Street with the condition that City staff approve the turnaround. Mr. Bradberry seconded the motion.
The vote was unanimous in favor of approval.
5. City Council Update
Mr. Clark stated that the Subdivision Regulations will be presented to City Council at the March 18th meeting.
The amendment of the Thoroughfare Plan (Allendale Road, Trophy Park and Sandy Hill) was approved.
The rezoning of Rathgeber and Central Freeway was denied. The applicant has indicated he will resubmit
the application with an amendment. The rezoning for Nature Works was approved. The rezoning of the
downtown YMCA was approved.
Chairman Berg asked about the denial of the Rathgeber Road rezoning. Mr. Clark stated the applicant was
not present and the opposing property owners made a presentation. Mr. Burns stated that the residents had
concerns about permitted land uses after the property was rezoned. Mr. Seese stated he has met with the
applicant who is considering a more restrictive conditioned General Commercial zoning.
VIII. ADJOURN
The meeting adjourned at 3:00 p.m.
Cliff Berg, Chairman Date
ATTEST:
Steve Seese, City Planning Administrator Date
PLANNING & ZONING COMMISSION MARCH 12, 2003 PAGE 8
CITY CLERK'S OFFICE
Date
By Time : a