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Planning and Zoning Commission Minutes - 04/10/2002MINUTES PLANNING & ZONING COMMISSION April 10, 2002 RECEIVED IN CITY CLERK'S OFFICE Date ��_ 3 -66�- By C Time 9--� PRESENT: David Rhone, Chairman ♦ Members Cliff Berg • Ken Birck • L. O. Nelson • Danny Richardson • Susan Wood Reeves • J. C. Bradberry • Alternate #1 Johnny Burns ♦ Council Liaison David A. Clark, Director of Community Development ♦ City Staff Steve Seese, Planning Administrator Paul Stillson, Planner II • ABSENT: Lin Purtle • Bill Rowland • Rusty Sons • Jim Chase • Alternate #2 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 Mr. Berg made a motion to approve the minutes of the March 13, 2002 meeting. Mr. Bradberry 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) 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 APRIL 10, 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. Pecan Grove Subdivision (Apr. '02) a. Show floodplain and floodway boundaries and label each. b. Label previously platted areas as such. c. Show property line between Lots 2 & 3, Block 3. d. Show building limit lines on Lots 4 & 5, Block 3 e. Label previously dedicated street right -of -way as such. f. Label street "City View Drive." g. Must extend sewer to all lots. (PUBLIC WORKS) h. Must extend water to all lots. (PUBLIC WORKS) i. Must comply with curb and gutter ordinance. (PUBLIC WORKS) j. Must construct internal street (Cathy) to City ordinance /criteria. (PUBLIC WORKS) k. Must comply with stormwater detention ordinance. (PUBLIC WORKS) I. Additional easements may be required at the time of final plat. (Oncor) m. Street names shall not be accepted or reserved on a preliminary plat. 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. a. Pecan Grove Subdivision "B ", Block 1, Lots 6, 7 & 8 [replat] (Apr. '02) a. Provide utility slips. b. Label street "City View Drive." c. Presently served by water. (PUBLIC WORKS) d. Must be served by approved sewer extension. (PUBLIC WORKS) e. Must comply with curb and gutter (City View and Crescent). (PUBLIC WORKS) f. Must comply with stormwater detention criteria and ordinance. (PUBLIC WORKS) Mr. Nelson made a motion to approve the Consent Agenda. Mr. Birck seconded the motion. The Consent Agenda passed with a unanimous vote. PLANNING & ZONING COMMISSION APRIL 10, 2002 PAGE 2 V. REGULAR AGENDA 1. Commercial Building in RMU 1411 33rd Street Case C 02 -13 Applicant ............... ............................Bob Oden Requested Action ......... ....................Conditional Use Permit Purpose .................... ........................Outside storage of equipment in RMU Property ................. ...........................1411 33rd Street Zoning ........................... ....................Residential Mixed Use Existing Land Use ..... .........................Vacant Lot Surrounding Land Use and Zoning N: Oden Mechanical Contractors, RMU S: Auto Repair Garage, RMU E: Residence, RMU W: Vending Doctor, Inc., RMU Analysis: The applicant owns and operates Oden Mechanical Contractors located at 1410 33rd Street. The applicant also owns a vacant lot across the street at 1411 33rd Street. He would like to build an open shelter to store equipment under. He is proposing a 40' x 60' shelter that will be 14' in height. The equipment is currently being stored at 1410 33rd Street. The applicant lists the following items to be stored at any given time: 3 each — 12' high x 45' storage trailer 2 each — fork lifts 2 each — backholes 2 each — trenchers 1 each — manatou 22,000 lb. Lift 2 each — air compressors The applicant has indicated that these items usually will not be stored at the same time. The area along 33rd Street between Jacksboro Highway and Bluff Street has developed primarily as commercial. Due the mixture commercial and residential uses in the overall area, the zoning is Residential Mixed Use (RMU). Commercial activity in RMU requires a conditional use permit. Recommendation: Staff feels that this proposal is compatible with the surrounding land uses in the area. Staff recommends approval with the condition that those items mentioned or similar equipment only be allowed as storage. This will prevent this lot from becoming an "outdoor storage lot ". Mr. Richardson made a motion to approve this conditional use request. Mr. Birck seconded the motion. Thirty -two surrounding property owners were notified of this request. One replied in favor and none were opposed. Mr. Bob Oden, applicant, stated this storage would be for his equipment and would be fenced. The lot would be paved from the street to the building. PLANNING & ZONING COMMISSION APRIL 10, 2002 PAGE 3 When asked about screening, Mr. Seese replied that only a fence is required. If the applicant choses to expand or to store other items not like the type referenced here, he will need to return to this Commission. The vote was unanimous in favor of approval of this request. 2. Duplex 1652 Collins Avenue Case C 02 -14 Applicant ........... ...........................Bill McGregor Requested Action ..... ....................Conditional Use Permit Purpose ............... .........................Duplex in SF -2 Property ........... ............................Lot 7, Block 30, Southland Subdivision Zoning ................. .........................Single Family -2 Existing Land Use ........................Vacant Surrounding Land Use & Zoning N: Residences, SF -2 S: Residences, SF -2 E: Residences, SF -2 W: Residences, SF -2 Analysis: The applicant is requesting approval to construct a duplex on this lot at the corner of Alma and Collins Ave. The property is zoned SF -2, a zone where a duplex requires a conditional use permit. The area surrounding this site is developed with residences and duplexes. The site plan shows a 1312 square foot duplex with four paved parking spaces provided at the rear of the lot. The proposed duplex is an existing unit that will be moved from its present location at 1717 Eighth Street. Upon placement on the new lot, the home will be fitted with new siding. The original lot containing the duplex is being cleared for a parking lot. Developmental Requirements: All developmental requirements apply. Staff Recommended Conditions: Staff recommends approval of this conditional use permit with the condition that the exterior of the home be faced with new material compatible and of similar type as the surrounding residences, and that this be accomplished within 180 days of the issuance of this permit or the owner will thereafter be in violation. Mr. Berg made a motion to approve this request for a duplex. Mr. Bradberry seconded the motion. Twenty -three surrounding property owners were notified of this request. Three replied in favor and two were opposed. The siding was discussed with Mr. Seese and the Commission stressing that it should be new. Mr. McGregor stated this duplex was remodeled several years ago and brought up to Code. New siding would be installed The vote was unanimous in favor of approval of this duplex. PLANNING & ZONING COMMISSION APRIL 10, 2002 PAGE 4 3. Construct Auto Collision Repair Shop 2112 Broad Street Case C 02 -15 Applicant ............ ..........................Monte Davila Requested Action ..... ....................Conditional Use Permit Purpose ................... .....................Automotive Repair Property ............ ...........................2112 Broad Street Zoning .................. ........................General Commercial Existing Land Use ........................Vacant Land Surrounding Land Use & Zoning N: Vacant Lot, GC S: Calvary Church of God, SF -2 E: Central Frwy., GC W: Residences, SF -2 Analysis: This site is located off of Central Freeway and Broad Street. This is currently a vacant lot and the applicant wishes to construct a 4900 square foot metal building to be used for an automotive repair shop. The type of repair will be auto body. Automotive repair requires a conditional use permit within a General Commercial Zoning District. This site is adjacent to a Single - Family -2 Zoning District to the west and south. Staff has consulted with the Fire Marshall concerning possible adverse impacts to the surrounding properties concerning fumes and odors that are associated with this type of activity. The Fire Marshall has indicated that all auto body repair shops must be in compliance with the Fire Code and that the Code requires that all fumes be captured and contained within the paint booth and not dispersed into the air. The Fire Marshall's office inspects these types of facilities annually. Recommendation: Because of the adjacent residential uses, staff recommends approval of this request with the following conditions: 1. Provide a privacy fence along the north property line as well as the required fence along the west and south property lines. 2. Store all vehicles awaiting repair behind a visual screening. 3. Limit hours of operation between 8:00 a.m. and 7.00 p.m. Mr. Birck made a motion to approve this repair shop. Mr. Berg seconded the motion. Twenty surrounding property owners were notified of this request. Five replied in favor and three were opposed. Mr. Monte Davila, applicant, was present. When the hours of operation were discussed, Mr. Davila stated he would comply but there may be an occasional delivery of a vehicle after 7:00 p.m. Mr. Birck stated he felt this use would be in harmony with the neighborhood. Mr. Bradberry stated he agreed. The vote was unanimous in favor of approval of this repair shop. PLANNING & ZONING COMMISSION APRIL 10, 2002 PAGE 5 4. Retail Sales to Locate in Limited Comercial 4410 Kemp Boulevard Case C 02 -16 Applicant ....... ............................... Phoung T. Khong (property owner) Requested Action ..... ....................Conditional Use Permit Purpose ......... ............................... Retail Sales in Limited Commercial Property ............ ...........................4410 Kemp Boulevard Zoning .................. ........................Limited Commercial Existing Land Use ... .....................Commercial Strip Plaza Surrounding Land Use & Zoning N: Pier One Imports, LC S: Residence, SF -2 E: Kemp Blvd., GC W: Residences, SF -2 Analysis: On January 10, 2001, the Planning and Zoning Commission approved a conditional use permit to construct a 3900 square foot building for a beauty shop. The reason for the requirement for the conditional use permit was that the Zoning Ordinance requires the Planning and Zoning Commission's oversight for "Services" over 1200 square feet within a Limited Commercial zoning district. The initial applicant (Elvin Dudley) built the building and also applied for the conditional use permit for the owner. The application was approved for a beauty salon but the owner leased a section (1700 sq. ft on the south end) to LaDonna's Floral and Balloonery, and used another section (1100 sq. ft.) in the middle of the building for Anna's Nails. The applicant maintains that a miscommunication occurred between himself and the builder as to what types of activity the conditional use permitted him to have at this location. An inquiry to this office concerning a possible third business (Anne Lane Candle Co.), to go into the remaining 1100 sq. ft, has caused staff to investigate this matter. The owner was informed that his property was approved only for use as a beauty shop and that retail sales in Limited Commercial will require another conditional use permit. Therefore the applicant is requesting approval to "legitimize" the existing retail sales and add the candle making shop and sales to the north end of the building. Recommendation: Given the minimal amount of parking on this site, staff feels that low volume retail may actually be more suited for this strip plaza than being occupied by service oriented businesses. Staff also wishes to remind the applicant that any future land use changes must be reviewed by Planning to assure zoning compliance. Staff recommends approval of this request. Nine surrounding property owners were notified of this request. One replied in favor and none were opposed. Mr. Phoung T. Khong, applicant, was present. He stated he is considering some minor changes to the parking lot; Mr. Seese informed the applicant to have the Planning staff review the changes. Mr. Nelson asked for clarification of this case. Mr. Seese explained that after this building was constructed the uses were changed. He stated that, in Limited Commercial, a conditional use PLANNING & ZONING COMMISSION APRIL 10, 2002 PAGE 6 permit is required for this type and size of use. In this case, the permit would be issued to the address (4410 Kemp Blvd.) for this service /retail business. Should the use change to a more intense use, the applicant would need additional approval from this Commission. The vote was unanimous in favor of approval for this conditional use permit. 5. Carport 1405 Ruidosa Drive Case C 02 -17 A motion and second were made to approve this carport request. Twenty -one surrounding property owners were notified of this request. Nine replied in favor and none were opposed. Mr. Victor Salazar, applicant, was present and described the carport as being constructed of metal with metal beams. The carport was approved with a unanimous vote in favor. VI. OTHER BUSINESS 1. City Council Updates a. Street Name Change of Lake Road to Kemp Boulevard. Mr. Clark stated this action was approved by City Council but it will not go into effect until January, 2004. 2. Discussion of Items of Concern to Members of the P&Z Commission. Ms. Reeves mentioned the abundance of eight -liner businesses in Wichita Falls. Chairman Rhone stated that as long as they are conforming to the appropriate land use, no action could be taken. He asked if there had been any complaints made; the response was negative. 3. Staff /Commission Discussion Mr. Seese stated that Tuesday, April 23, would be the date of the next workshop meeting to discuss the Subdivision Regulations. The proposed changes concern eliminating archaic regulations, reformatting into a user - friendly document, and accuracy checks for current effectiveness. VII. ADJOURN The meeting adjourned at 2:40 p.m. David Rhone, Chairman ATTEST: , Cunning Administrator Date �i Dat PLANNING & ZONING COMMISSION APRIL 10, 2002 PAGE 7