Planning and Zoning Commission Minutes - 12/08/2010MINUTES
PLANNING & ZONING COMMISSION
December 8, 2010
PRESENT:
L. O. Nelson, Chairman
♦ Members
Kevin Callahan
•
Jeremy Dorzab
•
Warren Gardner
•
John Kidwell
♦ Alternate #t
Deborah Morrow
•
Vicky Payne
Ripley Tate
•
R. C. Taylor
♦ Alternate #2
John Stephenson
•
Peter Scott, Assist. City Attorney • Legal Depart.
Kevin Hugman, Asst. City Manager • city Staff
Marty Odom, Planner •
Leo Bethge, Planner •
Diane Parker •
ABSENT:
Larry Ash
I. CALL TO ORDER
The meeting was called to order by Chairman Nelson at 2:00 p.m. Chairman Nelson then
proceeded to make the following comments:
a. This meeting is being broadcast live on Channel 11. It will be replayed at 2:00 p.m.
daily including Saturday and Sunday until the next live meeting is aired which will be the second
Wednesday of next month at 2:00 p.m.
b. Motions made by the Commission members include all staff recommendations and
developmental requirements listed in the staff report. Any deviations will be discussed on a
case -by -case basis and voted on accordingly.
c. Applicants and citizens who wish to address the Commission or answer questions
from the Commission members are asked to please speak into the microphone at the podium.
This meeting is being taped and there is no microphone to record statements made from the
audience.
P & Z COMMISSION PAGE 2 DECEMBER 8, 2010
d. Please silence all cell phone ringers during the meeting. If it is necessary for you to
have a cell phone conversation during the meeting, please use the hallway outside this room.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Mr. Gardner made a motion to approve the minutes of the November 10, 2010 meeting. Mr.
Stephenson seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
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:
Standard Conditions of Approval for Final Plats
Provide utility and drainage easements as required by utility companies and Director of
Public Works.
Submit water and sewer plans; street; sidewalk; and drainage plans to the Director of
Public Works and water plans to the Fire Marshall. 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 & Transportation.
Note: Approval of a plat does not imply approval of development of property in violation
of the Zoning Ordinance.
Original Townsite, Lot 3A, Block 57
a. Need to indicate "previously dedicated" for N. Brook Ave. and N. Travis Street, and
width in accordance with the Thoroughfare Plan. (Planning)
Original Townsite' Lot 1, Block 60 -A
a. Utility slips must be submitted. (Planning)
b. Need to correct spelling of owner's company name in signature block. (Planning)
c. Need to indicate the Lot and Block Number. (Planning)
d. Need to lightly dash historic platting information. (Planning)
e. Need to provide right of way width for N. Scott Avenue and Lincoln Street, in
accordance with the Thoroughfare Plan. (Planning)
f. Any curb cuts for property access onto N. Scott Avenue must have TxDOT approval.
(TxDOT)
g. Need to reverse Block and Lot in Title. (Planning)
P 9 Z COMMISSION PAGE 3 DECEMBER 8, 2010
Additional easements are required. (Oncor)
A sewer main traverses through the center of this lot.. A 15 -foot utility easement for
this sewer main is required. (Engineering)
Storm water detention is required for all new development. (Engineering)
Southland Addition, Lots 14 -B & 14 -C, Block 71
a. Need to add correct address of property, at 2006 Kell Blvd. (Planning)
b. Need to lighten Lot 14 -A for historic information purposes, and remove 0.59 acres
from Lot 14 -B. (Planning)
c. Any curb cuts for property access onto Kell Boulevard must have TxDOT approval.
(TxDOT)
CARPORTS: None submitted for the month of December, 2010
Mr. Gardner made a motion to approve the Consent Agenda; Ms. Morrow seconded. The
Consent Agenda passed with a unanimous vote.
V. REGULAR AGENDA
1. Case C 10 -38
Request for a conditional use permit to construct a new office building over 1,200
sq. ft. within a Limited Commercial (LC) Zoning District
2006 Kell Blvd.
Mr. Brad Proctor requested conditional use approval to construct an 1,800 square foot building,
to be used as a fencing company with a showroom, in an LC zone. Fencing materials will not
be stored on site.
Fifteen (15) surrounding property owners were notified of this request. One (1) or 6.67%
responded in favor and two (2) or 13.33% were opposed. Mr. Odom addressed the negative
comments from the opposed responses by stating the site plan proposes a six -foot tall privacy
fence negating alley usage.
Mr. Jim Biggs, Biggs and Mathews Consulting Engineers, stated his firm prepared the plat and
the site plan. He commented this location will be a sales office with a display [of fencing
materials].
Ms. Jola O'Neil, 2013 Keeler Avenue, stated the alley traffic is horrendous. She described a
traffic event that occurred in the alley in late November. She stated previously her fence has
been hit as well as her neighbor's fence who has now installed posts [to prevent further
damage]. Trash litters the alley. Ms. O'Neil remarked she called Code Enforcement who
suggested she call the Police Dept. who "gives her the run around and nothing seems to be
done ". She stated no one seems to be concerned. Chairman Nelson inquired about the origin
of the alley traffic. Ms. O'Neil stated it appears to originate from the radio station and the
daycare. Chairman Nelson noted there would be a six -foot privacy fence along the rear of the
property with no access into the alley. He stated this is definitely a Police matter and her
concern was valid. Mr. Taylor suggested speed bumps be placed in the alley and Ms. O'Neil
commented she previously had recommended the same.
Mr. Patrick Claiborne, 2001 Keeler Avenue, commented he did not send in a reply; however, he
is in favor of this request. He confirmed the previous comments regarding the alley traffic and
speeding traffic from the feeder street going down Keeler. He installed shrubbery to protect
P & Z COMMISSION PAGE 4 DECEMBER 8, 2010
against the accumulation of trash in his yard. To questioning, Mr. Biggs replied the two existing
buildings would remain on the property. Mr. Claiborne asked if the fence might be extended
behind the radio station and daycare; Mr. Odom commented his request could not be required
as part of this conditional use approval.
Ms. Payne asked if the homes in this area had driveways leading to the alley; Mr. Claiborne
replied one home (2003 Keeler) had a garage with a driveway in the rear and residences at
2008 and 2010 Kell Blvd. have driveway access to the alley. Ms. Payne asked about closing
the alley then having trash pickup /delivery on the street side of the houses. Mr. Claiborne
stated he would be in favor of the alley closure.
Mr. Tate made a motion to approve this request; Mr. Taylor seconded. The motion carried.
2. Case C 10 -39
Request for a conditional use permit to allow the height of an accessory building
greater than the interior side and rear setback, based on using the same exterior
building materials
5117 Wakefield
Mr. Bobby Rowland requested conditional use approval to allow an addition for a game room
and storage to a detached residential garage. The submitted plans indicate the building
materials will be the same as the primary structure.
The Subdivision Ordinance requires the setback to be equal to the overall height of the
accessory building in cases where the building has a wall height greater than eight (8) feet or
the overall height is over 15 feet. This addition has an overall height of 21 feet, which requires
conditional use approval for a lesser setback.
Eighteen (18) surrounding property owners were notified of this request. Five (5) or 27.78%
responded in favor; none (0) were opposed; and, one (1) or 5.56% responded as
undecided /other.
Mr. Rowland was present and available to answer questions.
Mr. Gardner made a motion to approve this request; Ms. Payne seconded. The motion carried.
3. Case C 10-40
Request for a conditional use permit to allow outdoor storage within the Central
Business District (CBD)
1201 Lamar Street
Collins Motor Company requested conditional use approval for outdoor storage in CBD. The
applicant owns and operates a wrecker service located at 1200 Scott Avenue, which is in a
Light Industrial (LI) zoning district. The location concerning this application is across the alley
and to the west of their Scott Avenue operation. Staff recommended a wood or metal privacy
fence at least six (6) feet tall to be constructed along the property line to obscure the view from
any adjacent street right -of -way.
Fourteen (14) surrounding property owners were notified of this request. Three (3) or 21.43%
responded in favor and none (0) were opposed.
. ' P gZ COMMISSION PAGE 5
DECEMBER 8, 2010
Mr. Jody Wade, 7712 Highway 79, stated he thought this property was grandfathered for
outdoor storage prior to the ordinance being passed which requires a conditional use permit.
He commented privacy screening has been applied to the existing fencing. Mr. Wade noted the
vehicle security is a prime concern. A flashlight would be seen through the screened fence;
however, with the metal or wood fencing, an injustice would be done to citizens whose vehicles
are stored there. Mr. Wade responded to questioning by stating, the screening is very durable.
Mr. Taylor agreed with this type of screening noting Mr. Wade had a legitimate point, with a six
(6) foot wooden fence; there would be total privacy for criminal activity. Mr. Taylor suggested
including a condition to have the fence maintained for aesthetic principles.
Mr. Gardner asked about additional security; Mr. Wade responded there are security cameras
and lighting.
Ms. Cynthia Laney, Downtown Wichita Falls Development, stated she was opposed to a metal
or wooden fence for visual and safety reasons. Several downtown property owners mentioned
to her, if a privacy fence were installed, the transient population could cause problems for that
location and others downtown. She stated the downtown organization approves of the
screening Mr. Wade is using. Ms. Laney commented the trees and shrubs he installed add to
the aesthetics. She also remarked she is in favor of Mr. Wade's business being located
downtown and wants to support him.
Ms. Payne inquired about available money for this project. Ms. Laney stated there has been
discussion regarding creating another TIF district but, at this time, no funds are available. Mr.
Wade funded the fencing and landscaping from his business. Ms. Laney commented she
received phone calls expressing concern regarding a storage business located in the downtown
area. She stated it is a permitted commercial use in LI zoning and Mr. Wade has gone above
and beyond in helping to alleviate any concern.
Mr. Stephenson inquired about the chain link fence; Mr. Odom responded, when separating
commercial from residential uses, the fencing cannot be chain link. Mr. Callahan stated this
property has been greatly improved by Mr. Wade. Mr. Taylor commented other types of
screening might open the door for vandalism.
Mr. Callahan made a motion to amend the original motion to approve the current six (6) foot
chain link -type fence with mesh screening and for it to be maintained in good repair. Mr. Tate
seconded. The motion carried.
Chairman Nelson replied to questioning by stating Mr. Wade would be able to return to this
Commission for any changes in the future. Mr. Odom mentioned staff has the authority to
make minor modifications to conditional uses.
Mr. Taylor made a motion to approve this request [the original motion]; Mr. Stephenson
seconded. The motion carried.
Mr. John Vasquez, general manager for Mr. Wade, stated the screening is not on the alley side
of the property; Chairman Nelson noted the ordinance does not require screening there.
VI. OTHER BUSINESS
City Council Update
Mr. Odom stated there were no items from the Planning and Zoning Commission presented to
City Council in the last month.
P 9Z COMMISSION PAGE 6 DECEMBER 8, 2010
VII. ADJOURN
The meeting adjourned at 2:40 p.m.
Nelson, Chairman
ATTEST:
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Marty Odom, Dept. of Community Development
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