Planning and Zoning Commission Minutes - 10/09/20021
MINUTES
PLANNING & ZONING COMMISSI
October 9, 2002
PRESENT:
David Rhone, Chairman
Cliff Berg
L. O. Nelson
Danny Richardson
Susan Wood Reeves
Rusty Sons
Ken Birck
J. C. Bradberry
Johnny Burns
David A. Clark, Director of Community Development
Steve Seese, Planning Administrator
Paul Stillson, Planner II
ABSENT:
Bill Rowland
I. CALL TO ORDER
The meeting was called to order by Chairman Rhone at 2:00 p.m.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
3
CITY CLERK'S OFFICE
Pate -�z-
By Time
♦ Members
♦ Council Liaison
♦ City Staff
•
Mr. Berg made a motion to approve the minutes of the September 10, 2002 meeting. Mr. Nelson 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) subjectto 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
PLANNING & ZONING COMMISSION OCTOBER 9, 2002 PAGE 1
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. Windmill Lake Preliminary (Oct. `02)
a. Show contour lines. Show north right -of -way line of Seymour Highway.
b. Property is now zoned General Commercial. Staff recommends rezoning to Single Family -2
for residential development.
c. Give each lot a lot number
d. Show building limit lines on Lot 19, Block 3, assure that this lot can be developed.
e. Show building limit line on Lot 10, Block 2.
f. Add "Addition" or "Subdivision" to plat name.
g. Show perimeter of area being platted with a darker line.
h. Show exterior side setback of 15 feet for Lot 1, Block 1 and Lot 1, Block 2, as per zoning
ordinance Section 5240 C.
i. Indicate subdivision boundaries by heavy lines.
j. Place lot dimensions on each lot.
k. Extend sewer to serve all lots. (PUBLIC WORKS)
I. Provide easements for existing sewer mains. (PUBLIC WORKS)
m. Extend water to serve all lots. (PUBLIC WORKS)
n. Provide easements for existing water lines. (PUBLIC WORKS)
o. Construct internal street per City ordinance and criteria, including curb and gutter. (PUBLIC
WORKS)
p. Provide stormwater detention per City ordinance and criteria. (PUBLIC WORKS)
q. Stormwater detention is in a hidden location and may be hard for City to maintain. (PARKS)
r. Additional easements will be needed prior to approving final plat. (ONCOR)
s. Label proposed use for Lot 1, Block Three
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. University Park, Unit 2, Section G (Oct. `02)
a. Provide utility slips.
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b. Approval of street names is pending.
c. Extend sewer to serve all lots. (PUBLIC WORKS)
d. Construct internal streets per City ordinance (criteria). (PUBLIC WORKS)
e. Comply with curb and gutter ordinance. (PUBLIC WORKS)
f. Provide stormwater detention pursuant to City ordinance and criteria. (PUBLIC WORKS)
g. Dedicate 10 foot utility easement along the west property line of Lots 1 and 8 of Block 10.
(ONCOR)
h. SPECIAL NOTE FROM PARKS DEPT: No interest has been expressed for City to acquire land
and develop as a neighborhood park serving this area.
Mr. Sons made a motion to approve the Consent Agenda. Mr. Berg seconded the motion. The Consent
Agenda passed with a unanimous vote.
V. REGULAR AGENDA
1. Notification Plat
Replat of Lot 23, Block 4, Harrison Addition into Lots 23 -A & 23 -B
The property owner is requesting to replat Lot 24, Block 4, Harrison Addition into Lots 23 -A, &23 -B. When
this plat is filed two 50 -foot wide lots will exist, rather than one 100 -foot wide lot. Section 212.015 (c) of the
Local Government Code requires public notification for any replat that:
1. Within the past five years had zoning limiting the area to single family or duplex use and,
2. Will remove any covenants or deed restrictions on a property.
The notification includes all of the owners of the lots or lands immediately adjoining the area covered by the
proposed replat, and extending 200 feet from that area, but within the original subdivision.
Staff recommends approval of this request subject to the following standard conditions:
1. Provide utility slips
2. Clarify location and width of Morrow Street right -of -way. Some maps show an adjacent 10 -foot wide
strip that was adjacent to the original railroad right -of -way prior to the construction of Kell Blvd. If
Morrow Street is not 50 feet wide, dedicate right -of -way to equal 50 feet.
Seventeen surrounding property owners were notified of this request. Three replied in favor and one was
opposed. Mr. Seese clarified the negative response stating that this is strictly a replatting issue and does
not concern zoning.
Mr. Berg made a motion to approve this plat. Mr. Nelson seconded.
Mr. Bill McGregor, applicant, stated that the 100 foot width of this lot lends it to being divided to be
consistent with other lots in the neighborhood.
The vote was unanimous in favor of approval.
2. C 02 -52
Retail Sales in a Residential Mixed use Zone
5007 & 5013 Lake Shore Drive
Applicant ................. ..........................Larry Sanner
Requested Action ......... ....................Conditional Use Permit
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Purpose ................. ...........................Boat Showroom in RMU
Property ................. ...........................5007 & 5013 Lake Shore Drive
Existing Land Use .. ...........................Boat Sales and Storage
Surrounding Land Uses & Zoning..... N: Freeman Marine, SF -2
E: Boat Storage, RMU
S: Lake Wichita, Outside of City Limits
W: Vacant land, Residences, SF -2
Analysis:
The applicant operates a marine business on the shore of Lake Wichita. He seeks a permit to demolish a
smaller structure on his lot and construct a 7,200 square foot boat showroom. The new building will be
approximately twice the size of the present building. This tract consists of two lotsadjacent to Lake Wichita
in an area zoned residential mixed use. Since the new building will cross lot lines, the lots must be replatted
into one. Across the street is another marine - related business, a non - conforming use in a single family
district.
Parking for this use is calculated using the retail- warehousing provision of the parking ordinance at a ratio of
1 parking space per 600 square feet of building. The site plan shows a total of 12 parking spaces that would
meet requirements for the new building. Site plan elements such as hard surface paved parking,
landscaping, sidewalks, platting, curb and gutter, etc. shall be addressed before a permit can be issued.
Recommendation:
Staff recommends approval of this conditional use.
Mr. Sons made a motion to approve this request for retail sales. Mr. Bradberry seconded the motion.
Ten surrounding property owners were notified of this request. Two replied in favor and none were
opposed.
Mr. Larry Sanner, applicant, stated that he has owned the business since 1990 and now wishes to build a
showroom to display the boats and protect them from the environment.
The conditional use permit passed with a unanimous vote in favor.
3. CO2 -53
Proposed 750 Square Foot Liquor Store Addition
101 East Hatton Road
Applicant ................. ..........................Brian Landrum
Requested Action ......... ....................Conditional Use Permit
Purpose ................... .........................Expand an existing liquor store in GC
Property ................ ............................101 E. Hatton Road
Existing Land Use .... .........................Liquor Store, WIC vegetable market
Surrounding Land Uses & Zoning..... N: 7 -11 C- Store, GC
E: Insurance Office, GC
S: Vacant, GC
W: Henry S. Grace Fwy, LI
Analysis:
The applicant seeks a permit to make an addition to his existing liquor store. Under the general commercial
zoning regulations, a liquor store requires a conditional use permit. According to the applicant, the addition
PLANNING & ZONING COMMISSION OCTOBER 9, 2002 PAGE 4
will be used only for storage; no customers will access this area. The addition will increase the building floor
area by 50 %, and the have a value of less than $20,000.
The south part of this property received a conditional use permit in 1999 for an outdoor farmers vegetable
market.
Recommendation:
Staff recommends approval of this conditional use.
Mr. Richardson made a motion to approve this request for an addition to a liquor store. Mr. Nelson
seconded the motion.
Five surrounding property owners were notified of this request. One replied in favor and none were
opposed.
Mr. Brian Landrum, applicant, stated the addition would be for the storage of liquor.
The vote was unanimous in favor of approval.
VI. OTHER BUSINESS
1. Proposed Zoning Ordinance Text Change
To Allow Commercial Daycare in SF -2 District as a Conditional Use
Staff has received a request to amend the zoning ordinance to allow "commercial" day care in a Single
Family -2 zone with conditional use approval. Currently "limited" day care is permitted in both Single Family -
1 and Single Family -2 only as a home occupation. In Single Family -2, where it is not a home occupation,
limited day care may be allowed if a conditional use is approved. In Single Family -1, this is not permitted.
Commercial day care is not allowed in either Single Family -2 or Single Family -1. A primary school is
permitted in a Single Family zone. The zoning ordinance defines a primary school as follows
SCHOOL, PRIMARY
Includes grades one (1) through six (6) and may or may not include a kindergarten.
The applicant would directly benefit from this amendment as they have a client interested in leasing their
building for a day care. They have submitted materials supporting their request. Below are the present
definitions concerning day care
DAY CARE CENTER, COMMERCIAL
Same as Day Care Center, Limited, but not limited to a maximum of six (6) individuals.
DAY CARE CENTER, LIMITED
A facility or use of a building or portion thereof, that provides care for less than 24 hours a day for six (6) or
fewer individuals. Care for an additional six (6) individuals may be provided if the facility qualifies as a
Registered Family Home or Group Day -Care Home as permitted by the Texas Department of Human
Resources. This term includes nursery schools, pre - schools, day care centers for children or adults, and
similar uses, but excludes public and private primary and /or secondary educational facilities. (Note If facility
is operated as a Home Occupation, see Section 5100 for additional restrictions).
Staff has concerns regarding allowing commercial day care in single family neighborhoods. In particular,
traffic and noise could negatively impact the adjacent properties. However, other uses such as churches,
and primary schools could have similar impacts. Therefore in staff's opinion, any provision to allow day care
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in single - family zones should require conditional use approval to permit staff, P &Z, and neighborhood review
and comment.
Staff recommends that the Commission consider the following options
1.Allow commercial day care only in SF -2 as a conditional use.
2.Allow commercial day care in both SF -1 and SF -2 as a conditional use.
Mr. Gary House, pastor of Trinity Presbyterian Church, stated that this change would benefit by allowing
more daycare facilities throughout the City. This change as it would apply to his Church's situation, which is
located in SF -2, would complement Cunningham School and the Boys & Girls Club.
Mr. Seese stated there is an ongoing problem associated with noise and traffic from limited day cares in
neighborhoods. A commercial day care use that will require a conditional use approval will offer some
controls over those situations.
Ms. Sheryl Burlison, director of Fairway Baptist Day Care, stated she operates the day care that is planning
to move to the Trinity Church site. She stated Fairway Baptist Church has asked the day care to relocate by
December, 2002. Trinity Church has offered space, however the zoning does not permit a day care of this
size.
Ms. Mona Williams Statser, member of Trinity Church and director of N. Texas Workforce, distributed
information showing the need for child care in Wichita Falls. She expressed concern for the need of child
care throughout the City, especially infant care.
Mr. Baxter Featherston, representative for Trinity Church, stated this is a small church that has 8,000 square
feet to use for facilities for either education or child care. This location will be the least inconvenient for
those attending the day care at Fairway because of the close proximity. He commented that this location is
not in the middle of a total residential area; there is a Boys & Girls Club across the street and Cunningham
School is down the street. He asked the Commission to consider compassion for both the Church and the
children as this change would be an asset to the community.
Mr. Sons stated he visited the Church and feels this is a perfect location and terrific opportunity for the
Church.
Mr. Nelson stated this change would be an ideal utilization of the building. He asked for clarification of the
procedure to which Mr. Seese replied that this is a change to the Zoning Ordinance. If approved, the
Church must return to the Commission for conditional use approval. Mr. Nelson stated that this change
would be city -wide but with the conditional use process in place, he felt there would be some control over
future requests.
Mr. Birck stated he did not see an increase in noise or traffic since there is a Boys & Girls Club across the
street. He stated bringing daycare into a less restrictive area is a good idea and he is in favor of the change.
Mr. Nelson made a motion to recommend to City Council to permit commercial daycare as a conditional use
in Single Family -2 zoning. Mr. Sons seconded the motion. The vote was unanimous in favor of approval.
2. City Council Update
Mr. Clark stated that the Council approved the zoning change for the Highland Addition that was a former
fire station. The rezoning of Woodland Park Addition was approved by City Council. He stated that more
information, such as a traffic report, was made available before the Council meeting.
PLANNING & ZONING COMMISSION OCTOBER 9, 2002 PAGE 6
3. Discussion of Items of Concern to Members of the P &Z Commission
Mr. Seese stated that Mr. Rhone will no longer be able to serve on this Commission because of a military
commitment. Staff thanked Mr. Rhone for his service to the community. Mr. Nelson made a motion to
nominate the current Vice Chairman of this Commission, Mr. Berg, for the position of Chairman. Mr.
Bradberry seconded the motion. The vote was unanimous in favor of approval. Mr. Richardson made a
motion to nominate Mr. Nelson as Vice Chairman; there was a second with the vote being unanimous in
favor of approval.
VII. ADJOURN
The meeting adjourned at 3:00 p.m.
David Rhone, Chairman
ATTEST:
Ste 'se, City PIS ing Administrator
Date
Date
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