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Planning and Zoning Commission Minutes - 07/08/2009MINUTES PLANNING & ZONING COMMISSION July 8, 2009 PRESENT: Ripley Tate, Chairman ♦ Members Larry Ash Jeremy Dorzab Warren Gardner L. O. Nelson John Stephenson • Charles Elmore ♦ Council Liaison Miles Risley, City Attorney ♦ Legal Depart David A. Clark, Director of Community Development ♦ City Staff Marty Odom, Planner II • Leo Bethge, Planner II • Diane Parker ABSENT: Kevin Callahan Jeff Cooper ♦ Alternate #1 John Kidwell • Deborah Morrow R. C. Taylor ♦ Alternate #2 I. CALL TO ORDER The meeting was called to order by Chairman Tate at 2:00 p.m. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. ADOPTION OF THE MINUTES Mr. Nelson made a motion to approve the minutes of the June 10, 2009 meeting. Mr. Ash seconded the motion. The motion carried 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 anyls"t gglQn CITY CLERK'S OFFICE =ie(- J Time ( ' P & Z COMMISSION PAGE 2 JULY 8, 2009 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. K. C. Gray Estates, Lots 1, 2, 9 & 10 (July 2009) a. Provide utility slips b. All stormwater detention requirements must be met (Engineering) c. All lots must be served by city sewer and water (Engineering /Health) d. All lots must have ingress /egress via a public right of way (Engineering) e. Applicant must construct temporary turnarounds at end of terminated streets (Engineering) f. All access points to state highways must be approved by TOOT prior to construction (TxDOT) 2. Rolling Hills Estates, Lots 18 -30, Block 6; Lots 2 -5, Block 8; Lots 1 -10, Block 17 (July 2009) a. Provide utility slips b. Add subtitle under Final Plat subdivision name (Lots 18 -30, Block 6; Lots 2 -5, Block 8; Lots 1 -10, Block 17) c. Show dimensions for Lot 3, Block 17 easement d. Label "block" in front of block numbers e. Streets must be extended to serve all lots (Engineering) CARPORTS: Case C 09 -27 Carport in the Front Setback 4629 Harbor Road Ms. Delphine Roddy requested a conditional use permit to construct a carport at her residence on Harbor Road. There are two (2) properties located within 200 feet of the perimeter of this property with a carport in the front setback. Seventeen (17) surrounding property owners were notified of this request. Three (3) responded in favor and none (0) were opposed. Mr. Gardner made a motion to approve the Consent Agenda; Mr. Ash seconded. The motion carried with a unanimous vote. P & Z COMMISSION PAGE 3 JULY 8, 2009 IV. REGULAR AGENDA 1. Case C 09 -25 Request for a conditional use permit to allow a duplex to be constructed on a vacant lot 1300 32nd Street Mr. Ralph Garza requested a conditional use permit to construct a duplex on 32nd Street in a Single Family -2 zoning district. Twenty -five (25) surrounding property owners were notified of this request; one (1) responded in favor and none (0) were opposed. Mr. Garza explained to the Commission that the previously approved duplexes in this same area would be completed in about four weeks and he is hoping to begin construction on this duplex then. Mr. Gardner made a motion to approve this duplex; Mr. Stephenson seconded. The motion carried unanimously. 2. Case C 09 -26 Request for a conditional use permit to allow an outpatient substance abuse treatment and counseling clinic 3500 Iowa Park Road Mr. James Draunt requested a conditional use permit to operate an outpatient substance abuse treatment and counseling clinic on Iowa Park Road in a Residential Mixed Use zone. The original use of the building was for a Dairy Queen. The applicant stated he will have approximately five to seven employees and the hours will be Monday through Friday, 5:00 a.m. until 1:00 p.m. and on Saturday, 7:00 a.m. until 8:00 a.m. Nine (9) surrounding property owners were notified of this request. None (0) responded in favor and one (1) was opposed. Mr. Draunt stated he operates a network of 19 outpatient substance abuse treatment facilities in seven states which includes a facility on Kemp that has been operating for six years. This new building will have more space and be more accessible. They currently serve 60 — 80 patients in the Wichita Falls community. He expects to grow with this new facility. Chairman Elmore stated he was delighted to have an occupant for that building. Mr. Stephenson made a motion to approve this request; Mr. Ash seconded. The motion carried unanimously. 3. Case C 09 -28 Request for a conditional use permit to allow a duplex to be constructed on a vacant lot 3707 Herring Lane Cyril and Mary Jo Schroeder applied for a conditional use permit to construct a duplex on a vacant lot on Herring Lane in Single Family -2. Their lot is adjacent to single family homes, an apartment complex and a school. P & Z COMMISSION PAGE 4 JULY 8, 2009 Fourteen (14) surrounding property owners were notified of this request. No (0) responses were received. Mr. Martin Litteken of Cornerstone Engineering represented the applicant who was also present. He explained this same floor plan was used to build the duplexes on City View Lane. He noted the attractiveness of the units. Mr. Ash made a motion to approve this duplex; Mr. Gardner seconded. The motion carried unanimously. 4. Case C 09 -29 Request for a conditional use permit to allow a 25' setback from a residential use instead of 30' for a new addition to an existing building for automotive sales and service 1301 Midwestern Parkway Mr. Randel Canada requested conditional use approval for a 25' buffer from a residential property instead of the required 30' for an addition to an existing commercial building on Midwestern Parkway. He is planning to sell and service classic vehicles and late model cars and trucks; he needs to expand the current building onto the next door lot. Twenty -six (26) surrounding property owners were notified of this request. Three (3) responded in favor; none (0) were opposed; and one (1) responded as no opinion or undecided. Mr. Gardner made a motion to approve this request; Mr. Ash seconded. The motion carried unanimously. 5. Case R 09 -02 Request to rezone 6.45 acres of land generally south of Lake Wellington Estates, north of Kell Boulevard, and west of and including property owned by Burlington Northern and Santa Fe Railroad Co., from Multifamily Residential and Single Family -2 to General Commercial and to amend the Land Use Plan to change the aforementioned area from Low Density Residential to Commercial. Mr. Randy Wachsman requested rezoning of a 5.28 acre tract located on Kell Blvd. from Multi- family Residential to General Commercial. He stated his reason for this rezone was possible future commercial development. Staff included approximately 1. 17 acres owned by the railroad that is zoned Single Family -2 to join the existing General Commercial zoning to the east creating a contiguous stretch of GC zoning. The Land Use Plan would be amended to show the total area of 6.45 acres as commercial. Five (5) surrounding property owners were notified of this request. Three (3) responded in favor; none (0) were opposed; and, one (1) responded as no opinion or undecided. Mr. Wachsman was in the audience and available for questioning if necessary. Mr. Ash made a motion to recommend approval of this rezoning to City Council; Mr. Gardner seconded. The motion carried unanimously. P & Z COMMISSION PAGE 5 JULY 8, 2009 V. OTHER BUSINESS 1. City Council Update Mr. Clark reported that City Council passed an ordinance to change the hours of operation for businesses in the CBD zone (downtown). Mr. Clark distributed the proposed oil well drilling ordinance for the Subdivision Ordinance. He commented that this ordinance will go straight to City Council since it is not part of the Zoning Ordinance, but to please let him know if there are any comments. VI. ADJOURN The meeting adjourned at 2:26 p.m. ATTEST: David A. Clark—,Director-of Community Development ,'l lz- (::�"7 Date �5))A) &�