Planning and Zoning Commission Minutes - 08/11/2010MINUTES
PLANNING & ZONING COMMISSION
August 11, 2010
PRESENT:
L. O. Nelson, Chairman ♦ Members
Larry Ash •
Kevin Callahan •
Jeremy Dorzab •
Warren Gardner •
John Kidwell ♦ Alternate #1
Deborah Morrow •
Ripley Tate •
R. C. Taylor ♦ Alternate #2
Mary Ward ♦ Council Liaison
Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart.
Kevin Hugman, Asst. City Manager ♦ City staff
Marty Odom, Planner •
Leo Bethge, Planner •
Diane Parker •
ABSENT:
Vicky Payne ♦ Members
John Stephenson
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 vote 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 AUGUST 11, 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 do so in the hallway outside this
room.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Chairman Nelson stated the July minutes were not completed by the time of this meeting due to
their complexity and length.
IV. CONSENT AGENDA
No plats or carports were submitted for the month of August; there is no Consent Agenda.
V. REGULAR AGENDA
1. Case C 10 -24
Request for a Conditional Use Permit for retail sales in Residential Mixed Use
(RMU)
1424 Harding
Ms. Alphonia Brown requested a conditional use permit for retail sales of clothing items and
antiques in a vacant building in a Residential Mixed Use (RMU) zone on Harding Street. Retail
sales in RMU require conditional use approval. The last commercial use of this building was in
2005.
Sixteen (16) surrounding property owners were notified of this request. None (0) replied in
favor; one (1) responded as opposed; and, one (1) responded as undecided or no opinion.
Ms. Ariel Brown, 1626 Harding, stated the hours of operation will be from 8 a.m. until 5 p.m.,
Monday through Saturday.
Mr. Tate made a motion to approve this request; Mr. Kidwell seconded. The motion carried.
2. Case R 10 -05
Proposed rezoning of 0.442 acres of vacant land out of Block 4, Lots 27 -29,
Hilicrest Subdivision from Residential Mixed Use (RMU) to General Commercial
(GC)
1414 32nd Street
Ms. Shannon Inman, 5128 Edgecliff Drive, requested 0.442 acres in a Residential Mixed Use
(RMU) zone on 32nd Street be rezoned to General Commercial. She also owns 0.56 acres to
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the west that is currently zoned GC. The last use of the combined acreage was a contractor's
yard. The applicant is trying to sell this land to a buyer that is proposing to use it for automotive
sales. In order to use all of the acreage for that business, this 0.442 acres needs to be GC.
Eighteen (18) surrounding property owners were notified of this request. One (1) responded in
favor; one (1) or 3.34% responded opposed; and, one (1) responded undecided or no opinion.
These percentages were calculated by taking the actual square footage owned by each
property owner plus 50% of any right -of -way adjacent to their property divided by the total
square footage of land within 200 feet of the perimeter of the proposed rezoning area.
Mr. Ash made a motion to recommend approval of this rezoning case to City Council; Ms.
Morrow seconded. The motion carried.
3. Case R 10 -06
Proposed rezoning of 11.88 acres of land out of Lot 5 -B, Block 20, Stone Lake
Estates, from Single Family -2 (SF -2) to Conditioned General Commercial (GC[c])
and amend the Land Use Plan map to show the area as commercial
5214 Stonelake Drive
Grace Church of Wichita Falls, 5214 Stone Lake Drive, proposed to construct a new chapel to
the east of the existing building. The lot is currently zoned Single Family -2 (SF -2). The
proposed height of the chapel will be 55 feet. The height restriction for Single Family -2 is 45
feet for religious assembly. In order to remove this restriction, the applicant requested to
rezone the property to Conditioned General Commercial (GC[c]) which is the same zoning
district to the north.
The Conditioned General Commercial zone is a modified version of GC that was developed in
1998. It was created by eliminating some of the more intense uses in GC.
Staff felt that Limited Commercial (LC) was an appropriate buffer between commercial and
residential uses; however, LC would not achieve the applicant's goal concerning height.
Conditioned GC could have a potentially adverse impact on the neighborhood and staff did not
recommend approval of this rezoning request.
Nine (9) surrounding property owners were notified of this rezoning request. One (1)
responded in favor and one (1) or 13.64% responded opposed. These percentages were
calculated by taking the actual square footage owned by each property owner plus 50% of any
right -of -way adjacent to their property divided by the total square footage of land within 200 feet
of the perimeter of the proposed rezoning area.
Mr. Martin Litteken, 2406 Kell Blvd., stated he is both a consultant and representative for Grace
Church. He commented the issues are height and buffer. Then he presented diagrams of the
church with detailed explanations of the proposed building changes, the layout of the property,
and the pending drainage improvements. He explained that the property currently abuts GC(c)
zoning. Upon showing an architect's rendition, Mr. Litteken stated the chapel would be a
traditional two -story, cathedral type with a high peaked roof of 54 feet, 6 inches. He noted there
is significant distance to any adjoining property. The residential properties to the South are 10
feet higher in elevation. In reply to the negative response from the State Hospital, Mr. Litteken
stated he did not know if anyone would be willing to pay $7- 8,000,000 [the current investment in
P & Z COMMISSION PAGE 4 AUGUST 11, 2010
Grace Church] in order to create a night club if the church were to be unsuccessful. He stated
he understood their concern, especially since the Hospital works daily with addiction problems;
the chance would be extremely remote of the church finding another location or forsaking this
property. Mr. Litteken stated the Church's policy is to begin construction after the money is in
place, borrowing is not a consideration. This chapel is still in the planning stages. To
questioning, Mr. Litteken responded there would be a sanctuary or worship center included in
the complex in the future. The church began with building a gymnatorium where the services
are currently conducted. The chapel is being planned for smaller events, weddings, funerals,
etc. After it is constructed, the worship center will begin. He then showed the members the
parking plans. The seating capacity of the chapel will be 324 with a small balcony.
Mr. Tate asked if there was another property between the Church and the lake; Mr. Litteken
responded there is not a buildable property between the two. Another building constructed prior
to zoning with a similar circumstance would be Fain Presbyterian on Speedway. Fain has a
comparable structure with a high peaked roof adjacent to the Country Club homes.
To recap the current situation, Chairman Nelson stated that the GC(c) zoning abuts SF -2 with
the church currently sitting in SF -2 where it is allowed with a Conditional Use Permit which was
granted; Mr. Odom affirmed that information was correct.
Chairman Nelson then asked if the building might be lowered to 45 feet. Mr. Litteken stated he
asked the same question and was told aesthetically it would change the entire look of the
building. It would eliminate the cathedral -type look which is what the architects and the Church
intend to accomplish. The height in the front of the proposed building with the spire would be
86 feet.
Chairman Nelson asked for an explanation of the rationale behind staffs recommendation. Mr.
Odom stated the ideal buffer and preferred district between commercial and residential is
Limited Commercial. The height restrictions are the same in LC and they would not be able to
meet their goal.
Mr. Tate stated an undesirable business moving onto this property in the future is not realistic.
A lake separates the property from the residential. He stated he would be in favor of this
request.
Chairman Nelson stated actually this change is not going to be a buffer for residential and Mr.
Odom agreed. Mr. Litteken noted that this situation would not qualify for a variance so the
zoning change was the alternative.
Mr. Bill McGregor, 2186 Kell Blvd., stated he attends this Church as well as representing the
subdivision. Twelve families that attended Grace Church purchased the land with two goals: 1)
secure 12 acres for the Church, and 2) develop the land. This church site was chosen when
the land was purchased. All the land was zoned residential at that time. The subdivision
developers arrived at GC(c) zoning which was ideal because the non - applicable uses could be
eliminated. The precedent had already been set for churches to locate in neighborhoods.
However, the purchasing group chose to leave the zoning as residential and not rezone it.
Chairman Nelson stated his concern is bringing GC(c) into the area and possible developments
north of the church to Southwest Parkway. He stated he was comfortable with the zoning since
the property to the north is owned by the Church.
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Mr. McGregor stated there is a 15 -acre tract north of Rock Creek Street purchased by
Presbyterian Manor for the Alzheimer Unit for future expansion. Wichita National Bank
purchased the tract north of the Alzheimer Unit.
Mr. Taylor made a motion to recommend approval of this rezoning request to City Council; Mr.
Tate seconded. The motion carried.
VI. OTHER BUSINESS
City Council Update
Mr. Odom stated the rezoning for Faith Refuge was approved for General Commercial zoning.
The Commercial Corridor rezoning (Kemp between Avenue C and Avenue M) was also
approved.
VII. ADJOURN
The meeting adjourned at 2:45 p.m.
L. O. Nelson, Chairman
ATTEST:
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Marty Odom,
Community Development
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