Planning and Zoning Commission Minutes - 02/10/2010�J
MINUTES
PLANNING & ZONING COMMISSION
February 10, 2010
PRESENT:
L. O. Nelson, Chairman ♦ Members
Larry Ash •
Kevin Callahan •
Jeremy Dorzab •
Deborah Morrow •
Vicky Payne •
Ripley Tate •
R. C. Taylor ♦ Alternate #2
John Stephenson •
Charles Elmore ♦ Council Liaison
Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart.
David A. Clark, Director of Community Development ♦ City staff
Marty Odom, Planner •
Leo Bethge, Planner •
Diane Parker •
ABSENT:
Warren Gardner •
John Kidwell ♦ Alternate #1
CALL TO ORDER
The meeting was called to order by Chairman Nelson at 2:03 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."
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."
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P & Z COMMISSION PAGE 2 FEBRUARY 10, 2010
d. "Please silence all cell phone ringers during the meeting. If it is necessary to have a
cell phone conversation during the meeting, please do so in the hallway outside this room."
Il. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Mr. Ash made a motion to approve the minutes of the January 13, 2010 meeting. Mr. Taylor
seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
Mr. Odom noted that one item would be removed from the Consent Agenda — Item 1. c. Signal
Hill. The applicant will present this plat at a later date.
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.
FINAL PLATS:
1. Pence Addition, Block 1, Lot 1
a. Provide utility slips. (Planning)
b. Indicate existing lots and lot designation as a dash line. (Planning /Engineering)
c. Indicate utility easement for gas main at rear of lot. (Atmos Energy)
d. Indicating the revised FEMA Map Panel for the floodplain designation is
recommended. (Planning /Engineering)
e. Confirm the location of the existing 6" sanitary sewer to the rear of this site. A 15'
utility easement is required on this line. Should this easement overlap this site then
provide that portion of the required easement for this sewer on this site.
(Engineering)
P & Z COMMISSION PAGE 3 FEBRUARY 10, 2010
2. Westmoreland Park Acreage, Block 5, Lot 1 Replat
a. Provide utility slips. (Planning)
b. All dashed lines must be labeled and referenced. (Planning)
c. Indicate a 10' utility easement along west and south property line. (Oncor)
d. Indicating the revised FEMA Map Panel for the floodplain designation is
recommended. (Planning /Engineering)
e Clearly define all lines on the plat. There is a set of lines which run diagonally
through the site which has not been defined. (Planning /Engineering)
f This property must comply with the City's storm water detention ordinance. (Eng.)
3. Signal Hill Addition, Block 1, Lot 1 (removed)
4. University Park, Section G, Unit 5
a. Provide utility slips. (Planning)
b. Provide a connector street to Lake Shore Drive, in accordance with the December
2001 Preliminary Plat and 2009 Thoroughfare Plan. (Planning /Police)
c. Continue 60' right of way along Cypress Avenue to Lake Shore Drive connector
street. (Planning /Engineering)
d. Dimension canal easement on Block 9, Lots 47 -49. Indicate easement on Block 47
and 48, instead of Block 43. If easement does not serve any purpose, vacate or
remove easement to increase buildable lot size. (Planning)
e. Indicate Block 3, Lot 21. (Planning)
f. Indicate Block 11, Lot 12.
g. Use different font for labeling survey block lines. (Planning)
h. Additional utility easements are required. (Oncor)
i. Indicating the revised FEMA Map Panel for the floodplain designation is
recommended. (Planning /Engineering)
j Provide an access easement (cannot be fenced) or tract of land for the access to the
detention pond. (Engineering)
k Please consider moving the sewer mains into the streets. (Engineering)
I There is an existing sewer main which diagonals across this site. It is being shown
as having the easement dedicated with this plat. Has this easement not been
previously dedicated? (Engineering)
m This property must comply with the City's Stormwater detention ordinance.
(Engineering)
CARPORTS:
1. Case C 10 -04
Carport in the Front Setback
1208 Santa Barbara
Mr. Mack Cash requested a conditional use permit to construct a carport in the front setback of
his residence on Santa Barbara. There are three (3) properties within the 200 foot perimeter of
this residence that have a carport in the front setback.
Twenty -four (24) surrounding property owners were notified of this request. Four (4) responded
in favor and none (0) were opposed.
P & Z COMMISSION PAGE 4
FEBRUARY 10, 2010
2. Case 10 -05
Carport in the Front Setback
4632 Summit Drive
Mr. Tony Fulkerson requested a conditional use permit to construct a carport in the front
setback of his residence on Summit Drive. There are no (0) properties within the 200 feet
perimeter of this residence that have a carport in the front setback.
Sixteen (16) surrounding property owners were notified of this request. Five (5) responded in
favor and none (0) were opposed.
Mr. Stephenson made a motion to approve the Consent Agenda; Mr. Callahan seconded. The
motion carried.
IV. REGULAR AGENDA
1. Notification Replat
Replat of the University Park Final Plat
Reduce the 25' Exterior Side Setback to Conform to the Standard City 15' Exterior
Side Setback
4511 Meadowbrook Drive
Mr. Odom stated this request was submitted to change a building limit line on a residential lot
located on Meadowbrook Drive. Notification of the neighbors within 200 feet is required. The
applicant began construction of a storage building which was inadvertently placed
approximately 20 feet from the property line. Reducing the setback to 15 feet would
accommodate the new structure.
Seventeen (17) surrounding property owners were notified of this request. Four (4) responded
in favor; two (2) were opposed; and, two (2) were undecided /other. Chairman Nelson stated
that all comments submitted have been taken into consideration by the Commission members.
Mr. Stephenson inquired about the two opposing responses. It was noted one response was
from a property owner across the street and the other from person on Westward Drive. Mr.
Stephenson commented that the building did not infringe on others' property, it was more of a
visual complaint.
Ms. Payne made a motion to approve this request; Mr. Taylor seconded. The motion carried.
2. Case C 10 -02
Request for Conditional Use Permit for On- premise Sale of Alcoholic Beverages
1508 Southwest Parkway
Mr. Danny Foix requested conditional use approval for an off - premise alcoholic beverage permit
at a proposed convenience store with drive - through beverage sales. He owns the existing store
which will be demolished with a larger store replacing it. Some of the alcoholic beverages will
be created from opened original containers and repackaged for sale for consumption off site.
The Texas Alcoholic Beverage Commission (TABC) requires that the store operate under an
on- premise TABC license because the original containers will be opened on the premises. The
Zoning Ordinance requires a conditional use permit when off - premise alcoholic beverage sales
locate next to a single family zoning district. The recommendation from staff was approval with
the condition that no alcoholic beverages be consumed on the premises.
P & Z COMMISSION PAGE 5 FEBRUARY 10, 2010
Twenty (20) surrounding property owners were notified of this request. One (1) responded in
favor and five (5) were opposed.
Mr. Odom noted the current convenience store has a wine and beer license.
Mr. Chris Cline, representative for Danny Foix, stated that the intent is not for on- premise
consumption of the alcoholic beverages. Mr. Doug Paul, architect, stated the existing building
is approximately 800 square feet, the new building will be about 2,500 square feet. The ten
(10) gas pumps will be reduced to three (3).
Mr. Stephenson asked if the mixed beverages would be classified as open containers. Mr.
Cline stated they would be packaged in a closed, sealed bag which is not to be opened until
they arrive home. Mr. Paul stated the TABC did not have a category for this type of
establishment. He further commented the store would be classified similar to a restaurant with
liquor by the drink.
Ms. Payne stated she has some concerns. She stated she understood the motives were
increased profit margins because alcohol sales make more money than gasoline sales. The
fact that it is given through the window while they are driving does not mean they are not going
to open it in route. She stated she wanted to express her sympathies for the family of Kevin
Becker who worked for Time Warner Cable who was hit by an intoxicated 22 year -old, who is
now facing manslaughter charges. The [newspaper] report did not say where the alcohol was
obtained. She stated her concern was to strengthen the community with the decisions made by
Planning and Zoning. She stated that she did a little research and there is obviously a link
between alcohol and violence. It feels like since an alcoholic beverage place went in on Kemp
near her neighborhood, that crime has gone up and she informed the Commission she will be
researching that matter. She stated she has researched linking the availability of alcohol
outlets to increased crime. Her vote would be that a drive - through alcohol beverage window
was certainly not needed in that area.
Mr. Nelson stated the following documents received from Ms. Payne shall be entered into the
minutes as follows:
Exhibit A - TRN online article "Driver Charged in Deadly Crash"
Exhibit B - "Generalizing the Alcohol Outlet — Assaultive Violence Link.:
Evidence from a U. S. Midwestern City"
Exhibit C - "Alcohol Outlet Density and Violence: A Geospatial Analysis"
Exhibit D - "Violence Reduction through Restrictions on Alcohol Availability"
Mr. Taylor asked if the present convenience store was currently selling alcohol. Mr. Cline
stated they had a beer and wine license. Mr. Taylor then said nothing would really change
except the building. Ms. Payne added that the drive - through window would be a new addition
and Mr. Stephenson commented that the repackaging would also be a new feature.
Ms. Payne stated that it was noted on the plat that the convenience store was near two
childcare centers — a Mothers' Day Out at Faith Lutheran Church and the Family YMCA. Mr.
Tate noted that those establishments are beyond the 300 foot required distance. Ms. Payne
stated she thought it was 1,000 feet.
Mr. Odom noted that alcohol cannot be served or sold within 300 feet from a church, school or
hospital. When a school is measured, it is from property line to property line but when
P & Z COMMISSION PAGE 6 FEBRUARY 10, 2010
measuring a church, it is front door to front door parallel and perpendicular to rights -of -way.
The proposed store was measured from the nearest church.
Mr. Stephenson commented that he did not see much difference between the convenience
store now and the proposed one other than the packaging of to -go drinks. Mr. Taylor stated
there would be a newer, attractive building.
Ms. Payne stated this [conditional use permit] would make it easier for DUI's.
Mr. Tate stated that, even though this building is outside the 300 foot boundary of the church,
other vendors are in the area selling alcoholic beverages and this location currently sells
alcoholic beverages. One thing to consider is that the surrounding neighbors do have a say in
what goes on. Twenty -five per cent (25 %) of the people notified are opposed to this proposal.
The reasons stated are increased noise, increase traffic, increased trash, etc. Mr. Tate
continued by stating that he is sure those neighbors have valid complaints. When voting, we
[this Commission] should take that into consideration.
Mr. Taylor asked if the 14 property owners that did not respond to the mailing were assumed to
be in favor. Mr. Tate commented that an assumption either way [in favor or opposed] could not
be made.
Ms. Payne stated she agreed that this Commission should take into consideration the citizen
responses.
Mr. Tate asked if drinking on the premises would be permitted. Mr. Odom stated that according
to the permit and state law, it would be permitted. With the condition recommended by staff, it
would be a violation against city law. Chairman Nelson asked if there were currently on-
premise consumption of alcoholic beverages; Mr. Cline stated no.
Chairman Nelson noted that staff is recommending approval and it is a part of the original
motion that there is to be no consumption of alcoholic beverages on the premises.
Ms. Morrow made a motion to approve this request; Mr. Taylor seconded. The vote was eight
(8) in favor and one (1) opposed. The motion passed.
3. Case C 10 -03
Request for a Conditional Use Permit for Light Manufacturing in General
Commercial (GC) Zoning
5610 Seymour Highway
Mr. Calvin Davis requested a conditional use permit to construct a 4,800 square foot building to
be used for the light manufacturing of counter tops created from raw granite slabs.
Eleven (11) surrounding property owners were notified of this request. One (1) responded in
favor and none (0) were opposed.
Ms. Payne asked about noise. Mr. Davis stated that the equipment used would be high -tech
computers and the building would be insulated. Mr. Tate commented that it was good to see a
business growing in Wichita Falls.
Mr. Tate made a motion to approve this request; Mr. Ash seconded. The motion carried.
P & Z COMMISSION PAGE 7 FEBRUARY 10, 2010
V. OTHER BUSINESS
1. City Council Update
Mr. Clark stated there were no items from the Planning and Zoning Commission that required
action by the City Council.
2. Commercial Corridor Zoning District
Mr. Clark stated that staff has been working on this project. A group of people was assembled
this past week including Chairman Nelson, two commercial realtors, and an architect to see
how they perceive the development of a new district that would be between Limited and
General Commercial with some aesthetic regulations. There was some reluctance to go as far
as a design review committee and a specific recommendation for architectural style. The
attitude favored limited signage and standards for materials used.
Chairman Nelson stated that it appears there is a good document developing that will greatly
benefit Wichita Falls and will help the Kemp Corridor.
VI. ADJOURN
The meeting adjourned at 2:36 p.m.
L. O. Melson, Chairman
ATTEST:
Marty Odom for David Cra-rr, Dir. of Community Development
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