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Planning and Zoning Commission Minutes - 12/11/2002I MINUTES PLANNING & ZONING COMMISSION December 11, 2002 SENT: Cliff Berg, Chairman L. O. Nelson Danny Richardson Bill Rowland Rusty 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 I. CALL TO ORDER The meeting was called to order by Chairman Berg at 2:00 p.m. RECEIVED IN CITY CLERK'S OFFICE Date ( l - D`03 By EL Time En ♦ Members ♦ City Staff ♦ Members Three of the newly appointed members, Charles Barr, Steve Lane, and Patrick Powers, were sworn in by Mr. Seese. Their terms will begin with the January, 2003 meeting. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. APPROVAL OF MINUTES Mr. Sons made a motion to approve the minutes of the November 13, 2002 meeting. Mr. Richardson seconded the motion. The minutes were approved with a unanimous vote. IV. CONSENT AGENDA 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. PLANNING & ZONING COMMISSION DECEMBER 11, 2002 PAGE 1 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. High Point Village, Preliminary, Seventh Revised (Dec. `02) a. Johnny Lane cul -de -sac lengths exceed the subdivision ordinance's 300 -foot maximum. The cul -de -sacs on the plat are about 460, 535 and 600 feet. A waiver from the City Council is required. Plat approval will become effective upon obtaining a waiver. b. Rename Johnny Lane to Johnny Court. c. Johnny Court is a reduced front setback subdivision. Refer to Section 4240 of the zoning ordinance for additional requirements for sidewalks, etc. d. Place a note concerning Johnny Court stating, "No vehicular street access or curb cut is permitted ". e. Use suffix "court" for all cul -de -sacs. f. Assure that all zero lot line lots have 40 feet of frontage, measured at the building limit line g. Show all lots that are not platted with a solid line. Identify platted sections with a bold boundary. h. Extend sewer to serve all lots. (PUBLIC WORKS) i. Extend water to serve all lots. (PUBLIC WORKS) k. Provide stormwater detention per City of Wichita Falls ordinance. (PUBLIC WORKS) I. Construct all internal streets according to City of Wichita Falls ordinance. (PUBLIC WORKS) m. No neighborhood park shown on plat. City is not interested in purchasing or requiring dedication and development of a park. (PARKS) n. Traffic does not have issue with exceeding 300 foot cul -de -sac limit. May be some issues with emergency response. o. Additional easements will need to be obtained prior to approving final plats. (ONCOR) 2. Priddy Subdivision, Preliminary, Block 6 -A, Lots 1 -4 (Dec. `02) a. Indicate that the 25 -foot setback is measured from the new property line. Otherwise a there is a possibility that the setback could be measured from the incorrect location. b. Show ownership of Lots 3 & 4. Ownership of lots does not match owners name on plat. c. Extend sewer to serve all lots. (PUBLIC WORKS) d. Provide stormwater detention per City of Wichita Falls ordinance. (PUBLIC WORKS) e. Comply with curb and gutter and sidewalk ordinances. (PUBLIC WORKS) f. Additional five foot easement required on both sides of property lines. (ONCOR) 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. PLANNING & ZONING COMMISSION DECEMBER 11, 2002 PAGE 2 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. Bridge Creek Estates, Section 4 (Dec. `02) a. Joy Court cul -de -sac (about 600 feet long) exceeds subdivision ordinance maximum of 300 feet. A waiver from the City Council is required. Plat approval will become effective upon the granting of the waiver. b. Provide utility slips. c. Extend water to serve all lots. (PUBLIC WORKS) d. Extend sewer to serve all lots. (PUBLIC WORKS) e. Provide stormwater detention per City of Wichita Falls ordinance. (PUBLIC WORKS) f. Construct all internal streets per City of Wichita Falls ordinance. (PUBLIC WORKS) g. Additional easements will be needed prior to approving final plat. (ONCOR) 2. Fountain Park, Section 22 -13, Block 45, Lots 1 -9 & Block 46, Lots 1 -12 (Dec. `02) Prior to this Commission meeting, the applicant requested this plat be removed. 3. Midwestern Park Addition, Unit 1, Block 18, Lots 19 B, C, & D (Dec. '02) a. Provide utility slips. b. A portion of the property is in the floodway. Place note on plat as follows: "No structures, obstructions, fences, fill -dirt, or excavation shall be permitted in the floodway area. Contact the City Planning Division for more information." c. Co- ordinate vacating of detention easement with Public Works. This closure may require council action and the payment of fees. If approved, place a note showing that the easement was vacated and ordinance number. Do not label "to be vacated." e. Provide for stormwater detention per City of Wichita Falls ordinance. (PUBLIC WORKS) f. Existing stormwater detention easement shall not be abandoned. (PUBLIC WORKS) g. Drainage easement is in location of Urban Waterway Project. Coordinate with Jack Murphy concerning this project. (PARKS) 4. Priddy Subdivision, Block 6 -A, Lot 1 (Dec. '02) a. Indicate that the 25 -foot setback is measured from the new property line. Otherwise a there is a possibility that the setback could be measured from the iron rod. To avoid confusion, place additional iron rod at new property line. b. Provide utility slips. c. Indicate with an arrow that 5 -foot strip is being dedicated on Lot 1. d. Extend sewer to serve lot. (PUBLIC WORKS) e. Comply with curb and gutter and sidewalk ordinances. (PUBLIC WORKS) f. Additional five foot easement required on both sides of property. (ONCOR) 5. Westmoreland Park and Adjacent Properties, Block 110, Lots 2A & 4A (Dec. `02) a. Show right -of -way width for Wyoming Circle and Greenville Road. PLANNING & ZONING COMMISSION DECEMBER 11, 2002 PAGE 3 b. Provide utility slips. c. Extend sewer to serve both lots. (PUBLIC WORKS) d. Additional easements are required. (ONCOR) Mr. Bradberry made a motion to approve the Consent Agenda. Mr. Birck seconded the motion. The Consent Agenda passed with a unanimous vote. V. REGULAR AGENDA 1. Rezone from SF -2 to LC 1604, 1606, 1608 & 1610 13th Street Case R 02 -13 Property Owner . ............................... Dr. Andre Desire Action ....................... .........................Rezone From SF -2 to LC Purpose ............... .............................To allow the construction of a medical office Property .................. ..........................1604, 1606, 1608 & 1610 13'h Street Existing Land Use ............................. Vacant Surrounding Land Uses & Zoning..... N: Vacant, Residence, LC E: Residences, SF -2 S: Residences, SF -2 W: Rathgeber House, Residences, SF -2, LC Analysis The property owner requests a zoning change from SF -2 to LC for these four vacant lots totaling 0.64- acres. The property is located on the corner of 13th and Clark Street. The Land Use Plan shows this area as "Low Density Residential." If this rezoning were approved, an amendment to the Land Use Plan would also be required to change this tract designation to "Light Commercial ". Changed Conditions — This property is near Bethania Hospital in an area that has continued to expand to meet the needs of the surrounding medical community. Vacant lots now exist where there were formerly residences. In 1994 a tract northwest of here was rezoned from LC & SF -2 to General Commercial for the construction of the Rathgeber Hospitality House. The applicant's property is bounded on the north by existing Limited Commercial zoning. If this request were approved, the limited commercial zoning would be extended from the north part of this block to the south. Compatibility with Adjacent Land Uses - There are two existing residences on the eastern portion of this block. They will be buffered from any non - residential development by the zoning ordinance requirements for a privacy fence and a thirty -foot side setback for any planned building. The applicant has stated that the planned development will be a medical office. Once rezoned, however, the property could be developed in any manner consistent with the Limited Commercial District regulations. A site plan and conditional use permit will be required prior to construction of any retail regardless of size, or office development over 1,200 square feet. Limited Commercial development should not adversely impact the adjacent residential neighborhood. If this rezoning were approved, an amendment to the Land Use Plan would also be required. Recommendation Staff recommends approval of this request. Mr. Bradberry made a motion to recommend approval of this rezoning to City Council. Mr. Sons seconded the motion. PLANNING & ZONING COMMISSION DECEMBER 11, 2002 PAGE 4 Thirty surrounding property owners were notified of this request. Sixteen replied in favor, one negative reply was submitted, and one reply was received that was neither in favor nor opposed but stated they would be against any delivery trucks and the increase in traffic in the area. Mr. David Hartwell, architect for the doctors that own the property, stated this facility would be compatible with the surrounding medical development. He stated that it is not likely that the vacant lots in that area would be used for newly constructed residential. He also commented that he would comply with the Zoning Ordinance requirements of allowing 30 feet setback on the northeast side of the lot as well as constructing a six foot privacy fence. The vote was unanimous in favor of approval. 2. Review of Changes to Site Plan 1808 Southwest Parkway Case C 02 -57 Update from the November Planning & Zoning Meeting: This item was tabled at the last Planning and Zoning Commission meeting. On Friday November 22, staff met with Mike Wood and James Foster. At the meeting, two separate issues emerged: (1) how the site plan had changed from the originally approved layout, and (2) the mail order operation and did it constitute "light manufacturing ". Staff made the determination that a mail order business included light manufacturing, which is a zoning violation and later notified Mr. Wood by letter. During the meeting, Mr. Wood stated his willingness to work with the neighborhood concerning the site plan and landscaping. The Commission could reconsider the site plan and look at alternatives at this meeting. Mr. Richardson made a motion to consider the changes to the site plan. Mr. Rowland seconded the motion. Mr. Seese stated the options before the Commission are to require compliance with the initial site plan with any modifications that would be appropriate. Chairman Berg asked if staff's recommendation remained in line with Recommendation #C (Relocate the enclosure farther south, closer to the office on Southwest Parkway, remove concrete for a five -foot wide landscaping strip with trees and shrubs and install a six -foot tall wood privacy fence behind the strip. In addition install a heavily landscaped area with trees and shrubs along the west property line to help in screening this commercial activity to the entry of a residential subdivision.) Two other issues that Mr. Wood needs to address are the Zoning Ordinance requirement of a landscaped five -foot strip and the conformance of the use (mail order business) conducted on the property. Mr. Mike Wood, 1808 Southwest Parkway, stated he would agree to removing the concrete and landscape designated areas. He further explained that moving the dumpster /pallet enclosure would prohibit the trash trucks from emptying the dumpster since the trucks must enter from Southwest Parkway. If the enclosure faces the other direction, it would defeat its purpose because the opening would be towards the residential area. There was discussion regarding the fence and landscaping. Mr. Wood commented his fence screens the City's lift station from the residential area. Mr. Nelson stated compliance with the landscaping requirements is dictated by the Zoning Ordinance. He also stated that after the fence weathers in several months it probably will not be noticed. Chairman Berg suggested removing the first sentence in #C regarding the relocation of the dumpster /pallet enclosure. Mr. Wood stated he is agreeable to landscaping the property. He agreed with Mr. Rowland that the Photinias would be an excellent screen with smaller shrubs in front of them. PLANNING & ZONING COMMISSION DECEMBER 11, 2002 PAGE 5 Mr. Nelson made a motion that the applicant shall remove concrete to install a five foot wide landscaped area with trees and shrubs and shall install a heavily landscaped area along the west property line to help screen this commercial activity from the entrance to residential neighborhood. Mr. Rowland seconded the motion. The vote was unanimous in favor of approval. 3. Office over 1,200 Square Feet in LC 1514 Kemp Case C 02 -61 A representative for the applicant withdrew this case prior to the meeting. 4. Carport 1641 Red Fox Case C 02 -62 Mr. Sons made a motion to approve this carport. Mr. Bradberry seconded the motion. Twenty six surrounding property owners were notified of this carport request. Two replied in favor, one was opposed and one form was returned unmarked. The applicant, Ms. Shirley Williams, stated there are three carports within the immediate area. She explained it would be a metal carport. Staff presented a picture of a similar looking carport. The carport was approved with a unanimous vote in favor. 5. Auto Parts and Repair in RMU 3906 Iowa Park Road a. k. a. 1010 Borland Lane Case C 02 -63 Property Owner ........................... Requested Action ........................ Purpose....... ............................... Property ....... ............................... Existing Land Use ........................ Location....... ............................... Surrounding Land Uses & Zoning .....Hai Lam ....Conditional Use permit .....To reestablish an auto parts and auto repair service. .....3906 Iowa Park Road, a.k.a. 1010 Borland Lane .....Vacant building .....West of Borland Lane on the north side of Iowa Park Road. N: Residential, RMU E: Residential, RMU S: Iowa Park Road, RMU W: Manufactured Home, Vacant lots, SF -1 Analysis: The applicant is requesting a conditional use permit to reestablish an auto parts and repair service at this lot west of the intersection of Iowa Park Road and Borland Lane. The building, 34 x 36 ft., was constructed in 1987 -88. The property is zoned RMU and was approved for auto parts sales and repair with conditional use permit C 87 -33 in October 1987. According to the applicant, the business has been closed for over five years and the property was purchased from the original owner. Because of the length of time that the business was vacant, a renewal of the conditional use permit was required. The building is in good condition, however the parking lot pavement has overgrown somewhat with grass. Staff continues to believe that the use will not aversely impact the surrounding properties. However, no PLANNING & ZONING COMMISSION DECEMBER 11, 2002 PAGE 6 outdoor storage of materials, auto parts, discarded items or partially dismantled vehicles should be permitted on this site. Recommendation: Staff recommends approval of this request with the following conditions (1) that no outdoor storage will be permitted, (2) landscaping, (3) repave the parking area. Mr. Bradberry made a motion to approve this conditional use request with the recommendations suggested by staff: 1) No outdoor storage will be permitted, 2) Landscaping shall be required, and 3) The parking area shall be repaved. Mr. Richardson seconded the motion. Nine surrounding property owners were notified of this request. The only response received commented on the fencing requirement. Mr. Seese stated that a fence would be required on the north and west sides which abut residential areas. The applicant was not present at the meeting. The vote was unanimous in favor of approval. 6. Private Street Name Approval Request to Establish "T Bird Lane" Proposed to Intersect with Barnett Road Establish a Private Street Named "T Bird Lane" The Planning Department received a request to name a private access drive intersecting Barnett Road. The drive is located north of the Circle K convenience store along the rear of the property next to Lake Wellington Apartments. The Planning and Zoning Commission must approve private street names but City Council action is not required. The Code of Ordinances Section 27 -55 (b) reads as follows: "The naming of private streets or drives is prohibited, unless such names are approved by the planning board. Names of private streets and driveways may be recognized and approved by the planning board if such names do not conflict with names of other public or private streets within the city." Staff notified the Police Department and received a response that their system could handle a street name with a dash in it. They recommended that either T Bird Lane or TBird Lane would be acceptable. The applicant stated he preferred T Bird Lane of the two choices. Mr. Richardson made a motion to approve this name change. Mr. Bradberry seconded the motion. There was discussion regarding the elimination of the dash. Mr. Seese concluded that this was probably a problem with the Police computer system. The motion passed with a unanimous vote in favor of approval. VI. OTHER BUSINESS 1. City Council Update PLANNING & ZONING COMMISSION DECEMBER 11, 2002 PAGE 7 Mr. Clark stated the rezoning on Wyoming Street from Single Family -2 to Multifamily was approved by Council. Council did suggest a change to the zone or language in order to eliminate the gapbetween four - plex and multifamily. Mr. Clark having two -, three- and four -plex buildings require conditional use approval. He also stated the Reilly Road rezoning was approved. 2. Staff /Commission Discussion Mr. Seese stated that at the November City Council meeting, commercial daycare in SF -2 was approved and, by the suggestion of a Councilor, it was also approved in SF -1. The City Legal Department stated that this item should have been presented to P &Z prior to approval by Council. Mr. Seese statedthat limited daycare also needs to be considered as a conditional use. These items will be presented to Commission in January. Mr. Clark thanked Mr. Richardson for his dedicated service as a board member on this Commission since 1997. Chairman Berg thanked Mr. Richardson for his views especially from an architectural standpoint. Mr. Clark stated that staff appreciates his contribution to the community and appreciates all the work he has done. Mr. Nelson stated he has enjoyed working with Mr. Richardson and has learned much from him. Mr. Seese explained an excused absence is calling the Planning office to inform the secretary that one cannot participate in a meeting. An unexcused absence is not attending a meeting without prior notification. These are guidelines set by the City Council; three consecutive absences are reason for termination on any City board or commission. VII. ADJOURN The meeting adjourned at 3:00 p.m. Cliff Berg, Chairnan ATTEST: Steve e, City Plan ministrator 1/8 AS Date / 1'1�_ZaL Date/ PLANNING & ZONING COMMISSION DECEMBER 11, 2002 PAGE 8