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Planning and Zoning Commission Minutes - 05/08/2002MINUTES PLANNING & ZONING COMMISSION May 8, 2002 RECEIVED IN CITY CLERK'S OFFICE Date 0(O _b C - n L)-' By _Time PRESENT: David Rhone, Chairman ♦ Members L. O. Nelson • Danny Richardson Bill Rowland Ken Birck J. C. Bradberry ♦ Alternate #1 Jim Chase ♦ Alternate #2 Johnny Burns David A. Clark, Director of Community Development Steve Seese, Planning Administrator Paul Stillson, Planner II ABSENT: Cliff Berg Lin Purtle Susan Wood Reeves Rusty Sons 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 ♦ Council Liaison ♦ City Staff ♦ Mr. Chase made a motion to approve the minutes of the April 10, 2002 meeting. Mr. Nelson 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 May 8, 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. a. High Point Village, Sixth Revision (May '02) Moved to the Regular Agenda, #1 Discussion of a Request for Waivers in the High Point Village Subdivision. 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. Mejia Addition, Block 1, Lots 1 & 2 (May'02) a. Provide utility slips. b. Served by water. (PUBLIC WORKS) c. Served by sewer. (PUBLIC WORKS) d. Must comply with curb and gutter ordinance. (PUBLIC WORKS) e. Must comply with stormwater detention ordinance. (PUBLIC WORKS) f. Add additional easements along west and south property line. (ONCOR) Mr. Rowland made a motion to approve the final plat. Mr. Bradberry seconded the motion. The plat passed with a unanimous vote in favor. V. REGULAR AGENDA 1. Discussion of a Request for Waivers in the High Point Village Subdivision High Point Village, Sixth Revision (May '02) a. Platting the zero lot line portion of this subdivision between Blocks 4 & 5 will require the following: (1) a waiver of the 40 -foot minimum lot width requirements in Section 5200; (2) a waiver of Section 4240 to achieve a reduced front setback for a rear access development with an access easement width of 15 feet, which is less than the required twenty feet width; (3) a waiver of Section 4240(E) requiring that the entire block be developed at one time with reduced setbacks. PLANNING & ZONING COMMISSION May 8, 2002 PAGE 2 b. Staff will recommend that a portion of the collector street be constructed to connect Flo, Carlson and Ricci Streets as a condition of the waiver. This will provide internal circulation in the neighborhood. The street extension is necessary because of the increasing density of development in an area of dead end streets. c. Show the required 10 -foot wide side setbacks in the zero -lot line portion of this subdivision. d. Serve all lots with water and sewer service. (PUBLIC WORKS) e. Construct all internal streets, curb, and gutter drainage in compliance with City criteria /ordinances. (PUBLIC WORKS) f. Comply with stormwater ordinance. (PUBLIC WORKS) g. Additional easements will be needed prior to approval of final plat. (ONCOR) Letter submitted by Dennis Probst requesting waivers: PLANNING & ZONING COMMISSION May 8, 2002 PAGE 3 CORLETT, Principals PROBST & 1)cllm' I Pn BOYD, L.L.P. Engineers ♦ Surveyors April 23, 2002 Planning Department City of Wichita Falls P.O. Box 1431 Wichita Falls, Texas 76307 Re: Sixth Revision - Preliminary Plat High Point Village Request for Three Waivers Gentlemen: 51- Q� We are submitting herewith our request for three waivers associated with the subject plat. The owner of the property is desirous of developing a new concept in zero lot line residential housing on a portion of the property. Lots 15 through 21, Block 5 and Lots 1 through 9, Block 4 will be provided with a private concrete alley for rear entrance driveway access, and front driveway access will be prohibited. The following waivers will be required to facilitate development of this specific portion of the subdivision. (1) Reduction of front building limit line from 25 feet to 15 feet. (2) Reduction of minimum street frontage from 40 feet to 35 feet. (3) A waiver of the requirement that the non - standard configuration be extended for the entire block on both sides of the street. There is a drainage facility which is located along the South lines of Lot 21, Block 5 and Lot 9, Block 4 which provides a natural division between the proposed non - standard section and the lots to the South. Additionally, the private alleys will connect to the street at these locations, further providing a physical division line. As discussed by phone today, we are amenable to incorporating the open spaces labeled Lot 15A, Block 5 and Lot 20, Block 4 into the adjacent lots and labeling this portion of the lots as private open space and landscape easement. Your favorable consideration would be greatly appreciated. Sincerely, CORLETT, PROBST & BOYD, L.L.P. Dennis Probst DP /cm PLANNING & ZONING COMMISSION May 8, 2002 PAGE 4 Mr. Rowland made a motion to approve the preliminary plat, High Point Village, Sixth Revision. Mr.Chase seconded the motion. Mr. Seese informed the Commission that the City Attorney advised staff that provisions in the Zoning Ordinance could not be waived. Other suggestions for a solution to waiving these provisions would be to establish a PUD or to face Lots 10, 11, 12, 13, 22, 23, 24,and 25 in the opposite direction. Mr. Dennis Probst, applicant, stated that there were previous cases in which building limit lines had been waived. Mr. Seese replied that the City Attorney's opinion is that this procedure is not legal. Mr. Probst withdrew the High Point Village Subdivision plat from consideration by the Commission at this meeting. 2. Communications Tower 4163 Airport Drive Case C 02 -12 Applicant........ ............................... Requested Action .......................... Property......... ............................... Location ......... ............................... Existing Land Use .......................... Surrounding Land Uses & Zoning.. ...Peter Kavanagh, for Zone Systems, Inc. ...Conditional Use Permit for a 190 -foot communications tower. ...4.0 Acres out of Abstract 591. .....4163 Airport Drive ...Select Industries on the north, vacant to the south. N: Commercial, LI S: US 287 Expressway, GC E: Zooth Warehouse, LI W: S & T Steel, LI Commentary The applicant is requesting approval for a 190 -foot communications tower to be located on the south portion a tract of land located between Airport Drive and US 287. Select Industries is located on the north part of this 4 -acre parcel, adjacent to Airport Drive. The following is an analysis of the applicant's proposal for zoning ordinance compliance. Conformance With Proposed Zoning District Proposed tower is within the Light Industrial zoning district. A communication tower requires a Conditional Use Permit in this zone. Tower Setbacks From Adjacent Right -of -Way Section 5910 (A)2 of the zoning ordinance requires that towers setback a minimum distance from right -of- ways. The required setback from the right -of -way of a major collector and larger street is equal to the tower height (190 feet), or 100 feet minimum whichever is greater. The distance from the tower to US Highway 287 (a freeway) is 70 feet. Applicant's setbacks from the adjacent right -of -way are less than the tower height. Setbacks From Adjacent Properties PLANNING & ZONING COMMISSION May 8, 2002 PAGE 5 Section 5910(A) states that: "A communications tower should be setback from rights -of way and adjacent properties equivalent to the height of the tower. Consideration toward reducing the setback may require specifications as to the engineered "fall" characteristics of a tower and the nature of neighboring land uses. There are two options available: one is that it is setback equidistant to the tower height. The other allows consideration of a fall characteristic. The tower shall meet one these two requirements. Distance in feet, to adjacent property line of applicant's proposed site: North property line: ................ over 190 feet South property line: ............... 70 feet East property line: .................. 25 feet West property line: ................. 145 feet Note: Three of the four setbacks are less than the tower height of 190 feet. The property to the east is vacant. Setbacks Adjacent To Residences, Single Family Districts Section (A)1 of the zoning ordinance also states that a 100 -foot tower should be no closer than 300 feet to nearest residential use or residential zoning boundary. For every additional foot of height over 100 feet, the tower setback shall increase by one foot. The required setback from residences for this tower is 390 feet. The distance from the nearest residence, a mobile home, is about 90 feet, which is less than the minimum 390 feet. The mobile home is located on the same lot as the proposed tower. The distance from a residential zoning district is 370 feet. The nearest Single Family boundary is on the south side of US 287. This is less than the 390 required for separation from the nearest single - family boundary. A letter from Cellxion indicated that the collapse of the tower would be 50% or less. Using the figure of 50 %, that means that the setback must be at least 95 feet. Staff will still require engineering specifications denoting the fall characteristics. Note: The applicant's setbacks from residential boundaries are less than minimum requirements. Required Submittals: 1. The applicant must submit engineering specifications certifying an 80 mph wind load with % inch radial ice. 2. The applicant must submit an FAA determination showing approval of an allowed tower height of 190 feet. FAA approval does not consider the city ordinance requirement for an additional 50 -foot buffer. 3. The applicant has submitted the required site plan. However, the plan does not include: a. Landscape Plan: The applicant has not submitted the required landscape plan. Landscaping shall be required according to Section 6800. Additional Landscaping shall be required as the tower is within 100 feet of a public right -of -way and 300 feet from an adjacent land use. Such landscaping shall screen ground level effects of the tower. b. Parking and Paving. Paved access shall be provided for all towers. A nine -foot drive shall be considered minimum by staff. PLANNING & ZONING COMMISSION May 8, 2002 PAGE 6 4. The applicant has provided a co- location statement. 5. Elevation drawings: The applicant has supplied the required elevation drawings for this tower. Airport Impact Evaluation The Planning Division has requested Sheppard AFB and Kickapoo Airpark to review this proposal. They have determined there will be no significant impact. Conformance with Airport Zoning Regulations Property is located in outer horizontal height restriction zone with a maximum allowed height of 450 feet, after adding the 50 -foot buffer. The proposed construction will have an elevation of 1279 MSL. This is below the Airport Zoning height limit for Sheppard of 1965 MSL. Other Site Development Requirements All freestanding tower sites (including monopole towers) must be platted prior to construction. A plat of the property is required. Recommendation: 1. Staff recommends approval only if the tower can meet minimum ordinance requirements related to setbacks. Mr. Richardson made a motion to approve this communication tower request. Mr. Rowland seconded the motion. Mr. Peter Cavanaugh, representing Verizon and the property owner, stated that a "Notice of Proposed Construction" was submitted to FAA last September. He commented that normally towers under 200' are not lighted. He informed the Commission that this tower would be built to standards for this geographical area. Concerning the construction of the tower, he commented that at its weak point, the tower will break, if necessary, falling in two pieces. He stated that, in similar situations, a tower would be located in a corner to allow other uses for the property. He assured the Commission that landscaping, trees and shrubs, would be installed. He also commented that the property to the east is owned by the same property owner. Mr. Seese stated that staff recommends approval of this request if the applicant can satisfy the minimum requirements of the ordinance. There was discussion regarding lighting the tower. Mr. Seese stated that the Commission should determine if the applicant should receive permission to have lights on the tower. He added that this item could be a condition placed on the conditional use. Mr. Cavanaugh stated that in another city, he requested that a tower have lighting and the FAA granted permission. The motion, including the addition of lighting to the tower, was unanimously approved by the Commission. 3. Rezone from Multifamily to General Commercial Conditioned 70'x 444' Tract Adjacent to Cingular Wireless; 0.6 Acres out of Block 10, DCSL, League 1 Case R 02 -05 Applicant ................. ..........................Randy Wachsman for Cingular Wireless Purpose ................... .........................Rezone from Multi - Family Residential (MFR) to General Commercial Conditioned GC(C). Property ............................................. 66 acres out of Denton Co. School Lands, League 1, A -58. PLANNING & ZONING COMMISSION May 8, 2002 PAGE 7 Existing Land Use ..... .........................Vacant Land Surrounding Land Use & Zoning....... N: Vacant Land, MFR S: Kell Blvd., GC(C) E: Rolling Meadows Retirement Center, MFR W: Vacant Land, GC Analysis: Cingular Wireless will be adding approximately 85 people to its workforce. In order to accommodate the new employees more parking is needed. Cingular Wireless wishes to purchase a 70 foot strip of land to the north to add approximately 70 more parking spaces. The land to the north is vacant and is currently zoned Multi - Family Residential (MFR). The land used to accommodate the expanded parking requires a rezoning. The vacant land to the west was rezoned for this purpose On January 15, 2002, the City Council approved rezoning a 6.122 acre tract west of the Cingular site for additional parking. However, after the approval of General Commercial Conditioned zoning, Cingular decided not to purchase that property. The zoning of the current Cingular Wireless property is General Commercial Conditioned and is regulated as follows: GENERAL COMMERCIAL CONDITIONED ZONING DISTRICT GC(c) A. The following uses are permitted in the GC(c) district: Residential Uses Dwelling, Duplex, Two - Family Dwelling, Single- Family Detached Group Home B. The following uses are permitted in the GC(c) district subject to the Site Plan review provision of Section 7100 of the Zoning Ordinance: Residential Uses - Condominium, Residential - Dwelling, Multifamily - Dwelling, Zero Lot -Line, Single Family - Townhouse - Convalescent Service Civic Uses - Day Care Center, Limited and Commercial - Library, Public - Parks - Public Safety Service - Religious Assembly - School, Primary and Secondary Commercial Uses - Parking Lot or Facility The following are permitted in the GC(c) District subject to the conditional use approval process provided in Section 7200. PLANNING & ZONING COMMISSION May 8, 2002 PAGE 8 Alcoholic Beverage Sales Art Gallery and Museum Convenience Store Business and Trade School Hospital - Hotel Indoor Sports and Recreation Medical Office Movie Theater - Nursery Office - Restaurant Retail Trade Services - Shopping Center Note: The development regulations for this General Commercial Conditioned district shall be the sameas the General Commercial Zoning District, Section 3490 of the Zoning Ordinance. Recommendation: Staff recommends that this property, due to the proximity to adjacent residential should be rezoned to General Commercial Conditioned zoning as described herein. Mr. Bradberry made a motion to recommend approval to City Council for rezoning request. It was seconded. Five surrounding property owners were notified of this rezoning. Two (2) replied in favor and none (0) were opposed. Mr. Nelson inquired about the fence; Mr. Randy Wachsman, applicant, stated the fence would be moved to include the newly rezoned area. Ms. Carol Davis, 18 Hyde Park, expressed opposition to the rezoning. She cited commercial property being located too close to residential, unattractive fence, and detriment to property values. Ms. Sue Wineinger, #1 Raven's Court, explained her concerns were not having a buffer zone between commercial and residential, 24 hour lights attracting insects and birds, and an ingress /egress through the neighborhood as well as the same opposition mentioned by Ms. Davis. Mr. Wachsman stated the parking lot would extend 70 feet to the north; he also corrected previous information by stating this property is not part of Fountain Park, but a portion of Rolling Meadows. He commented that the current Multifamily zoning could be much worse than a parking lot. Regarding the ingress /egress problem, he stated that Cingular does not own land fronting any streets in Fountain Park; a Fountain Park lot would have to be purchased for the purpose of parking or ingress /egress. Mr. Nelson stated that this request does not seem to cause an encroachment upon the neighborhood although he did affirm the residents' concerns. He stated that there appears to be a sufficient buffer between residential and commercial. The vote was unanimous in favor of recommending approval. 4. Storage Building in RMU 1422 351h Street Case C 02 -19 PLANNING & ZONING COMMISSION May 8, 2002 PAGE 9 Applicant.... ............................... Purpose..... ............................... Zoning........ ............................... Existing Land Use ...................... Surrounding Land Use & Zoning ........Curt Youngblood ........Personal storage building in Residential Mixed Use (RMU) ........Limited Commercial ........Vacant Land ....... N: Residences, RMU S: Gillmore's Collision Center, RMU E: Residence, RMU W: Garage, RMU Analysis: The applicant wishes to build a 30' x 60' storage building on a vacant lot. He has indicated that he will store personal vehicles in the building. This area is zoned Residential Mixed Use (RMU) and has a mixture of residences and commercial establishments. There are residences to the east and north and various commercial activities to the west and south. The RMU zone was created to accommodate areas of the city that were neither primarily residential nor commercial. Developmental Requirements: 1. This project will be required to meet all developmental requirements including building codes, sidewalk, landscaping, and hard - surfaced drives with a minimum of four (4) parking spaces. 2. Provide a more detailed site plan to the Planning Division showing developmental requirements will be met. 3. This permit is for indoor storage of vehicles only. Future conversions to repair facilities or other than stated here will require a conditional use permit Recommendation: Staff feels that under the conditions herein this use would be compatible with the surrounding area and recommends approval of this request. Mr. Bradberry made a motion to approve this request for a storage building. Mr. Rowland seconded the motion. Twenty -two surrounding property owners were notified of this request. Two (2) replied in favor and none (0) were opposed. Mr. Chase asked about Lot 24 to which Mr. Stillson replied that lot is owned by the applicant. There was discussion regarding the house on the adjacent lot with Chairman Rhone stating this property is zoned Residential Mixed Use. Mr. Nelson stated since there were no objections from the neighborhood, he would be in favor of this request. The vote was unanimous in favor of approval of this request. 5. Duplex 1716 Fairfax Case C 02 -20 Applicant .................. .........................Manuel Mejia Purpose ........................ ....................Conditional Use Permit to convert an existing building into a duplex. Zoning ............................. ..................Single - Family 2 Existing Land Use ............................. Vacant building used for storage. Surrounding Land Use & Zoning:...... N: Vacant Land, SF -2 PLANNING & ZONING COMMISSION May 8, 2002 PAGE 10 S: Residences, SF -2 E: Residences, SF -2 W: Residence, SF -2 Analysis: This is an existing structure that is currently being used for storage. The applicant states that the building was once used to sell office supplies. The applicant wishes to convert the building into a duplex. Duplexes require a conditional use permit within the Single - Family -2 zoning district. This area along Fairfax Avenue has residences on large lots. Developmental Requirements: This development is required to have a minimum of 4 parking spaces and all drive surfaces must be hard - surfaced paving. This project must meet all building codes. Recommendation: Staff feels that this proposal is compatible with the surrounding area and recommends approval of this request. A motion was made and seconded to approve this request for a duplex. Six surrounding property owners were notified of this request. Three (3) replied in favor and none (0) were opposed. Mr. Manuel Mejia, applicant, stated this duplex would enhance the surrounding area and he is constructing them to be HUD compliant. One of the duplexes would be ADA compliant with the exception of the height of the countertops. The duplex was approved with a unanimous vote in favor. 6. Convenience Store 1722 Cimarron Trail Case C 02 -21 Applicant .................. .........................Howard Clemet Purpose ........................ ....................Conditional Use Permit for retail sales and off - premise wine and beer sales in Limited Commercial. Zoning ....................... ........................Limited Commercial Existing Land Use ..... .........................Vacant commercial building Surrounding Land Use & Zoning....... N: Vacant Land, GC S: Residences, SF -2 E: Northcrest Condominiums, GC W: Drainage Canal, Residences, SF -2 Analysis: This is a vacant commercial building at 1722 Cimmaron. Records indicate that the last use was C & M Convenience Store and it ceased operation around 1996. The applicant wishes to reopen as a convenience store. This lot is zoned Limited Commercial (LC). Retail sales requires a conditional use permit in LC. The applicant is also requesting to sell wine and beer for off - premise consumption. Off - premise alcoholic beverage sales also requires a conditional use permit in LC. The previous convenience store had an off - premise wine and beer license. PLANNING & ZONING COMMISSION May 8, 2002 PAGE 11 This request is for retail sales and off - premise wine and beer sales within a Limited Commercial zoning district. Developmental Requirements: 1. A total of 11 parking spaces is required for this site. 2. Parking spaces shall be striped or marked by a wheel stop. 3. All parking areas shall be hard - surfaced with HMAC or concrete suitable for use by vehicles. 4. Hours of operation within the LC zoning district are limited to no earlier than 6:00 a.m. and no later than 12:00 midnight. Recommendation: Staff recommends approval with the above requirements. A motion was made and seconded to approve this conditional use permit. Twenty surrounding property owners were notified of this request. Four (4) replied in favor; two (2) were opposed; and (1) response was recorded as "other ". Mr. Randy Clement, relative of the applicant, stated that the tenant for the building will also manage the convenience store business. This location was previously a convenience store and he feels it will be a positive enhancement to the neighborhood. He also stated that the previous store did sell alcohol for off - premise consumption. The vote was unanimous in favor of approval to grant this conditional use permit. 7. Convert a Non - Conforming Use to a Machine Shop 2101 Grant Street Case C 02 -22 Applicant ................. ..........................David Kulbeth, KALCO Machine & Manufacturing Purpose ........................ ....................Conditional Use Permit to convert a nonconforming use to another nonconforming use. Zoning ....................... ........................Limited Commercial Existing Land Use ...... .......................Plumbing storage and distribution Surrounding Land Use & Zoning....... N: Vacant Lot, LC S: Outdoor Storage, SF -2 E: Morrison Supply, LC W: Residences, LC Analysis: This is a 26,210 square foot commercial building and has been occupied in the last 3'/ years by Morrison Supply, a plumbing supply storage and distribution facility. This building is commonly referred to as the Foster Cathead Building. Morrison Supply is moving to a different location and the applicant wishes to occupy the building with a machine shop. The applicant states that the machine shop will have 7 -10 employees. The zoning of this site is Limited Commercial. The current plumbing business is a nonconforming use. The zoning ordinance states that a conditional use may be granted for a conversion of a nonconforming use to PLANNING & ZONING COMMISSION May 8, 2002 PAGE 12 another nonconforming use "provided the noise, odor, refuse, traffic volumes and patterns, hours of operation, parking requirements and other factors are similar or less intense." Recommendation: Staff recommends approval of this request with the conditions that noise not be heard from outside of the building and no outdoor storage be allowed on the lot. Mr. Bradberry made a motion to approve this machine shop; Mr. Rowland seconded the motion. Twenty -two surrounding property owners were notified of this request. Ten (10) replied in favor and none (0) were opposed. The applicant, David Kulbeth, was present. Mr. Birck commented on the northbound traffic on Buchanan crossing Avenue K. Chairman Rhone suggested this matter be referred to the Traffic Board. The vote was unanimous in favor of approval. 8. Convert a School to Church Use 1400 Trout Case C 02 -24 Applicant Purpose....... ............................... Property....... ............................... Zoning.......... ............................... Existing Land Use ........................ Surrounding Land Use & Zoning.. ....Patricia Campbell, Overcomers Ministries, Inc. ....Convert a School to Church Use ....1400 Trout, six acres out of Block 6, Abstract 296 ....Single Family ....Vacant Bowie School Building ...Vacant land, SF -2 S: Residences, SF -2 E: Residences, SF -2 W: Vacant land, SF -2 Analysis: The applicant is planning to convert this former school building to a church use. It will include Sunday worship along with other spiritual and social activities. The applicants further describe their plans in a letter included with this report. Development Requirements: Staff has listed below the requirements pertaining to this development. 1. Check with the Building Inspection Department for requirements for remodeling and reoccupation of this building. Since the building has been vacant, and this may be considered a "change of occupancy," building code requirements such as restrooms, handicapped accessibility, health and fire department issues, asbestos abatement, lead paint, etc. may apply. Recommendation: Staff feels that this proposal is compatible with the surrounding land uses in the area and recommends approval, while noting the developmental requirements listed above. Mr. Chase made a motion to approve this request for a school to change usage to a church; Mr. Nelson seconded the motion. PLANNING & ZONING COMMISSION May 8, 2002 PAGE 13 Twenty -four surrounding property owners were notified of this request. Three (3) replied in favor and none (0) were opposed. Ms. Patricia Campbell, applicant, stated this transformation would put life back into a torn -down neighborhood. The vote was unanimous in favor of approval of this conditional use request. 9. Manufactured Homes 1007 North Eastside Drive Case C 02 -25 Applicant .................. .........................Gladys Bailey Purpose ......................... ...................Manufactured Home Property .............. ..............................1 007 North Eastside Drive, Lot 11, and the south one -half of Lot 12, less five -foot right -of -way, 75 x 145 feet, of Block 19, Original Townsite. Zoning ....................... ........................General Commercial Existing Land Use: ............................ Vacant Lot Surrounding Land Use & Zoning....... N: Auto Repair, GC S: Ceramics Shop, Storage, GC E: Residence, Vacant Lot, RMU W: Youth Opportunities Center, GC Analysis: The applicant is planning to place a new double -wide manufactured home on this tract of land adjacent to her ceramic shop business. The home proposed has three - bedrooms, with two full baths and two half baths. The area is zoned general commercial and contains residences and commercial uses along this major street. Development Requirements: Staff has listed below the requirements pertaining to this development. 1. The property is located in the floodplain. Staff estimates that the ground level is 2.5 to 3 feet below the required flood plain elevation of 950 ft above sea level. Staff recommends that the applicant have a surveyor measure the ground elevation to determine the practicality of elevating the home. 2. The property consists of one and a half lots. A five -foot strip was taken to widen the right -of -way of Eastside Drive. The property must be replatted prior to development. 3. All developmental requirements shall be met including, conformance to building codes, setbacks, installation of a full slab under the home, brick under - skirting around the foundation, sidewalks and two paved parking spaces. Recommendation: Staff feels that this proposal is compatible with the surrounding land uses in the area and recommends approval, while noting the developmental requirements listed above. Mr. Richardson made a motion to approve this manufactured home request. Mr. Nelson seconded it. Mr. Seese clarified one of the requirements by explaining that the home could possibly be elevated four feet above the ground. He cautioned the applicant to consult with an engineering firm regarding the elevation. PLANNING & ZONING COMMISSION May 8, 2002 PAGE 14 Thirteen surrounding property owners were notified of this request. Two (2) replied in favor and one (1) was opposed. Ms. Gladys Bailey, applicant, stated that she was familiar with the floodplain requirements since she owns adjoining lots where there was also construction. She wants to locate her home close to her businesses for family health reasons. Ms. Bailey stressed she wanted to enhance this area and would abide with the building codes. The vote was unanimous in favor of granting approval of this manufactured home. VI. OTHER BUSINESS 1. Discussion of Land Uses in the Brook Avenue District Mr. Seese stated expansion of the uses of this area is being considered to include medical - related fields, especially massage or physical therapy clinics. He reminded the Commission that the conditional use process is not currently applicable for the Brook Avenue District but its addition could be considered. Mr. Nelson asked if massage therapy could be classified as a clinic or office use. Mr. Seese read the definitions of "medical ", "clinic" and "office ". It was determined that massage therapy could not be included; Chairman Rhone suggested considering the conditional use process. Ms. Theresa Davis gave a presentation explaining the process to become and maintain massage therapy certification. She stated that the location she is considering on Brook Avenue is conducive for the hydrotherapy portion of her business. It was decided to define related terms for this profession as well as consider using the conditional use permit for regulation in this district. 2. Discussion of Subdivision Regulations Mr. Seese suggested a workshop meeting for Tuesday, May 21 at 2:00 p.m. Mr. Chase and Mr. Nelson commented they would not be able to attend. Mr. Seese asked for those not attending to submit changes in writing. 3. Discussion of Items of Concern to Members of the Planning & Zoning Commission Chairman Rhone stated that Mr. Birck's concern regarding Buchanan and Avenue K would be forwarded to the Traffic Board. Mr. Nelson stated that attention should be focused on eight liner businesses. He further commented that this Commission may not have control but the concern should be passed on to the appropriate regulating body. There are issues including traffic, parking, unsightliness, and trash accumulation. Chairman Rhone questioned this Commission's authority over the eight liners; Mr. Seese stated distance regulation, between an eight liner and churches, schools, or hospitals, is the only control we (Planning Division) have. Mr. Birck inquired about complaints; there had been none. Mr. Clark commented that there have been complaints about the concept only. There was discussion regarding the use of landscaping timbers to comply with the commercial landscaping ordinance. Mr. Rowland commented that this issue should be addressed. Chairman Rhone stated the current usage of landscaping timbers would be grandfathered but both he and Mr. Rowland would prefer to having curbing instead of timbers. Mr. Seese stated he would prepare an ordinance amendment for the next meeting. PLANNING & ZONING COMMISSION May 8, 2002 PAGE 15 VII. ADJOURN The meeting adjourned at 3:55 p.m. David Rhone, Chairman ATTEST: Steve Seese, City Planning Administrator Date Date PLANNING & ZONING COMMISSION May 8, 2002 PAGE 16