Planning and Zoning Commission Minutes - 09/09/2009MINUTES
PLANNING & ZONING COMMISSION
September 9, 2009
PRESENT:
Ripley Tate, Chairman ♦ Members
Larry Ash
Jeremy Dorzab
Warren Gardner •
John Kidwell •
L. O. Nelson •
Deborah Morrow •
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:
Kevin Callahan •
Jeff Cooper ♦ Alternate #1
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. APPROVAL OF MINUTES
Mr. Gardner made a motion to approve the minutes of the August 12, 2009 meeting. Mr.
Stephenson seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
Public Hearing on Final Plats
HECEIVED IN - ^� _...�_ ...._..._..
CITY CLERK'S OFFICE
Date
P &'Z COMMISSION PAGE 2 SEPTEMBER 9, 2009
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.
1. Southland Addition, Lots 1A, Block 5 [replat] (Sept. 2009) FINAL
a. Provide utility slips. (Planning)
b. The City Stormwater Detention Ordinance, for non - residential lots exceeding one acre,
must be met. (Engineering)
2. West Hursh Addition, Lots 1A & 2A, Block 1 [replat] (Sept. 2009) FINAL
a. Provide utility slips. (Planning)
b. A 10' utility easement must be added along Midwestern Parkway to accommodate an 8"
waterline and sewer. (Engineering)
c. Project may be subject to airport height restrictions, to meet all FAA standards.
(Planning)
d. The City Stormwater Detention Ordinance, for non- residential lots exceeding one acre,
must be met. (Engineering)
e. All access points must be approved by TxDOT. (TxDOT)
3. ZNLS Addition, Lots 1 and 2, Block 1 (Sept. 2009) FINAL
a. Provide utility slips. (Planning)
b. Agreement must be submitted by the applicant to permit a city street crossing over F.
W. & D. Railroad right -of -way. (Planning)
C. Applicant must request a waiver from the Council to allow street frontage via
easement versus as a public dedicated right -of -way. (Planning)
d. Add cross access easement for ZN Court, and to remove 60' right -of -way. (Planning)
e. The City Stormwater Detention Ordinance, for non - residential lots exceeding one acre,
must be met. (Engineering)
f. Water and sewer lines must be extended to service both lots. (Engineering)
g. Applicant must indicate, with City Fire Department approval, that all fire apparatus can
maneuver within the cul -de -sac and ingress and egress onto Old Iowa Park Road.
(Planning)
CARPORTS:
Mr. Odom asked for Case C 09 -35 to be moved to the Regular Agenda because a negative
response was received from the required 200' notification mailing.
P &'Z COMMISSION PAGE 3 SEPTEMBER 9, 2009
1. Case C 09 -34
Carport
1608 Central Freeway
Mr. James Vasquez requested a conditional use permit to construct a carport in the front
setback of his residence on Central Freeway. One (1) property located within the 200'
perimeter of this location has a carport in the 25' setback.
Eighteen (18) property owners were notified of this response. Three (3) responded in favor and
none (0) were opposed.
Mr. Ash made a motion to approve the Consent Agenda. Mr. Gardner seconded the motion.
The motion carried.
V. REGULAR AGENDA
1. Case C 09 -35
Carport
109 North Kirkwell
Mr. Arvin Sewell requested a conditional use permit to construct a carport in the front setback of
his residence on North Kirkwell. Three (3) properties located within the 200' perimeter of this
location have carports in the 25' setback.
Twenty -seven (27) property owners were notified of this response. Eight (8) responded in favor
and one (1) was opposed.
Mr. Stephenson made a motion to approve this carport; Mr. Kidwell seconded. The motion
carried.
2. Plat Vacation
Lot 1 -A, Block 4, Bridge Creek Estates, Section 6
Donna and William Sullivan requested a plat vacation for their two lots on Copper Kettle Court.
Originally, two lots were replatted into one lot in November, 2008. to build a home. The owners
have purchased another lot elsewhere for their residence and wish to return the lots to the
original configuration.
Mr. Dennis Probst, representing the Sullivans, stated that no construction is being considered
for the lots. The applicants want to sell the two (2) lots.
Mr. Gardner made a motion to approve this request; Mr. Ash seconded. The motion carried.
3. Case R 09 -03
Rezone 1104 and 1106 Alma Street from Limited Office to Limited Commercial and
Amend the Land Use Plan to Change the Area from Low Density Residential to
Light Commercial
P &'Z COMMISSION PAGE 4 SEPTEMBER 9, 2009
Mr. Bill McGregor requested approval to rezone two (2) lots in the 1100 block of Alma Street
from Limited Office to Limited Commercial (LC). The purpose was to create contiguous LC
zoning for a proposed new medical office that will occupy 1100, 1104, and 1106 Alma Street.
Approval of this request also requires a change to the Land Use Map to reflect those lots as
light commercial.
Nine (9) surrounding property owners were notified of this request. Six (6) responded in favor
and one (1) was opposed.
Mr. McGregor stated he represented several physicians who were interested in constructing a
10,000 square foot medical office. He stated that approximately fifteen years ago the block was
zoned Limited Office, in anticipation of building a medical facility, but nothing happened. The
rezoning request will provide a contiguous LC zoning for the entire tract of land (three lots), part
of which is LO zoning and allows a maximum office of 1,200 square feet.
Mr. Odom stated that having a split zoning on a single lot would be a problem and might cause
legal issues at a later date. Medical offices could be allowed in LO but it would be more
restrictive than LC. The entire block could be LC if the remaining property owners applied for
rezoning in the future.
The following surrounding property owners expressed negative concerns about this case:
Ms. Susan Lancaster 1108 Alma
Mr. Robert Phillips 1108 Alma
The main concerns were noise from the industrial -size air conditioning systems, excess
parking, garbage /trash collection adjacent to residences, parking lot lighting, increase in
property taxes, second -story privacy issues, and additional demands placed on water and
sewer.
Mr. Odom noted the requirement is for a six (6) foot privacy fence between the medical facility
and the residences.
Mr. Nelson asked about the design of the building. Mr. McGregor stated it would be two -story
but he did not have the exact details. It would be a cardiology building, a low -level doctor office.
He stated that Ms. Lancaster purchased her house was zoned LO. The building will be on the
north side of the lot with parking to the south.
Mr. Gardner made a motion to recommend approval of this rezoning request to City Council;
Mr. Stephenson seconded. The motion was unanimously approved.
4. Case C 09 -36
Conditional Use Permit for Office Building Larger than 1,200 sq. ft.
1100 —1106 Alma Street (even numbered lots)
Mr. Bill McGregor requested conditional use approval to construct a two story, 10,000 sq. ft.
medical office on Alma Street in a LC zoning district. The intent is to demolish the current office
building and residence at these locations to build a new structure.
P & Z COMMISSION PAGE 5 SEPTEMBER 9, 2009
Twenty -three (23) surrounding property owners were notified of this request. Five (5)
responded in favor and one (1) was opposed.
Mr. McGregor stated that 1,200 square feet for an office building is rather small for an office.
He also stated he felt that the principles for this project, as well as the engineer and architect,
would be willing to comply with City standards. None of these projects have been taken by
eminent domain; they were purchased by fee appraisal and 10 %, which was unusually fair.
Councilor Elmore asked if the intent would be to design this building similar to the hospital. Mr.
McGregor replied that he was unsure but he did state that the building would have a required
maximum height of 35 feet. Mr. McGregor mentioned that this project is a private venture.
The following surrounding property owners expressed negative concerns about this case:
Mr. Robert Phillips 1108 Alma
Ms. Susan Lancaster 1108 Alma
The main concerns expressed were landscaping inadequacy issues with Bridwell Tower,
trash /garbage collection, roof -top air conditioning units, and the loss of the cooling effect in the
neighborhood due to the removal of trees.
Mr. Clark stated that conditions could be placed on the approval to satisfy some of the negative
issues brought to this Commission.
Mr. Jim Newsom, 3 Crestway, stated he owns the property at 1110 Alma. He asked if the six -
foot privacy fence could be made a little taller. Chairman Tate replied that it could be made part
of the approval process. Mr. Newsom also inquired about water detention. Mr. Odom stated if
the area is over one acre, water detention is required.
Councilor Elmore asked it there were any significant trees on this property that could be
retained. Mr. McGregor stated the building is required to be 30 feet from her residence. The
large tree on Ms. Lancaster's side might be able to be saved; it would be the decision of the
architect. Councilor Elmore stated he was not recommending that as a condition of approval
but if it is possible, he would like the tree retained.
Mr. Nelson stated it would be ideal if this Commission had the architectural drawings; however,
since they have not been completed, our task is too determine if a 10,000 square foot office
building should be built at this location. He further commented that the interface between
commercial and residential is amicable to both parties. The Commission may want to consider
conditions to minimize expressed concerns, such as screening the dumpster, a higher fence
that the required height, lighting, windows, roof -top air conditioning units, and trees.
Mr. Gardner stated he felt the eight -foot fence would be preferable. Ms. Lancaster remarked
that she was agreeable to the taller fence. The Commission reviewed Mr. Nelson's list of
citizen concerns.
Mr. Nelson made a motion that, as part of the granting of the conditional use for Case C 09 -36,
the following conditions shall apply:
1. An eight (8) foot permanent fence constructed between the proposed building
and the homeowner, and
P & Z COMMISSION PAGE 6 SEPTEMBER 9, 2009
2. On the side of the building facing the homeowner, windows be selected or
constructed in such a way that there is no direct line -of -sight into the
homeowner's windows.
Mr. Gardner seconded. The conditions passed unanimously.
Mr. Kidwell made a motion to approve the original request with conditions; Mr. Gardner
seconded. The motion carried.
5. Case C 09 -37
Request for a Conditional Use Permit to Operate a Commercial Daycare Facility in
Single Family -2 Zoning District
Ms. Karla Wallace, representing Wichita Christian School, requested conditional use approval
to operate a daycare at 4729 Neta Lane. This facility has operated as a private school for many
years for pre - school and elementary aged children. In January 2009, the Planning and Zoning
Commission granted Wichita Christian School a conditional use permit to allow for secondary
school aged children (7th — 12th grades) to locate at 1615 Midwestern Parkway, the previous
McGaha Elementary School. The elementary children also moved from Neta Lane to that
location.
The school on Neta Lane is still in operation with preschool aged children. They now plan to
have children under three years of age for a period of five (5) days a week so the State of
Texas is requiring the school to be licensed as a daycare facility. The Zoning Ordinance
requires a conditional use permit for commercial daycares located in an SF -2 zone.
The applicant stated the enrollment with both preschool and elementary children was 174 last
year. Now, with just the preschoolers (ages 2 -5 years), the enrollment is 100 students. Staff
feels that, with the reduction in numbers from last year, the neighborhood should not
experience an increase in traffic.
Thirty (30) surrounding property owners were notified of this request. Seven (7) responded in
favor; three (3) responded opposed; and, one (1) replied as no opinion or undecided.
Ms. Wallace replied to the negative neighborhood responses by stating that there would not be
any new construction at this location. She clarified that it is in name only that they are a
daycare; they are a preschool. She stated that she contacted Mark Beauchamp with the City
Traffic Dept. who told her that if No Parking signs were placed along residential curbs, it would
also apply to the homeowners as well. She stated the school would not want to proceed with
that project unless the homeowners agreed. She expressed that the school is encouraging
drivers to be courteous and not block driveways.
Mr. Kidwell inquired about the hours; Ms. Wallace stated they would be open from 7:30 a.m.
until 5:30 p.m. with the program from 8:00 a.m. until 3:00 p.m. Mr. Kidwell asked if the school
would consider staying open later. Ms. Wallace replied these hours will accommodate the
average working day and they have absolutely no plans to remain open longer hours.
Mr. Nelson stated he was surprised at the objections because this is not a new use for that
location. Mr. Nelson asked if there was a fence around the grounds; Ms. Wallace replied there
is a short chain link fence around the property.
Mr. Kidwell made a motion to approve this conditional use; Mr. Nelson seconded. The motion
carried.
P & Z COMMISSION PAGE 7 SEPTEMBER 9, 2009
6. Case C 09 -38A
Request for Conditional Use Permit to Add a Duplex on a Lot with an Existing
Four -plex in a Single Family -2 Zoning District
Ms. Chesta Owens requested conditional use approval to construct a duplex on an existing lot
that also has a four -plex located on it on Elmwood Avenue. The proposed duplex will be two -
story units on each side with an overall height of 21' 2 ".
The Zoning Ordinance allows for the consideration of multiple non - single family units within a
single family zoning district under the Limited Multifamily Residential regulations.
Two (2) notification letters were mailed to the surrounding property owners. The second
mailing was sent after it was brought to staff's attention that the initial information did not make
it clear that the duplex would be two -story. Because of the second mailing, staff allowed the
neighbors to phone in their replies.
Twenty (20) surrounding property owners were notified of this request. No (0) responses were
received in favor; eight (8) responded opposed; and, one (1) responded as undecided or other.
Ms. Owens stated that she did not realize there would be so many negative responses to the
duplexes. The duplexes will resemble the four - plexes that are already there, same brick and
with porches. She commented that she was aware of property values and did not want those to
decline because of her construction. Ms. Owens indicated these units would be rented to
stable tenants. These units will be studio apartments, approximately 1,000 sq. ft. each, with
luxury bedroom and bath upstairs with living room, kitchen, dining room and laundry room
downstairs. The back will face the commercial property and the front, the open area.
Mr. Nelson noted that most of the objections were from Loma Linda. After reviewing the
location, it was noted that those residents might possibly see the back of the duplexes. Ms.
Owens stated she is very concerned about the residents. She stressed this addition is only for
two (2) units. Driveways and landscaping were discussed with the Commission.
Mr. Sabian Santistevan, representing Syd Litteken Architects, stated the alley runs along the
back side of the property. Mr. Odom commented that it appears to be a paved easement.
Mr. Gardner made a motion to approve this request; Ms. Morrow seconded. The motion
carried.
7. Case C 09 -38B
Carport in the Front Setback
2820 Elmwood Drive
Ms. Chesta Owens requested conditional use approval to construct a carport in the front
setback for property she owns on Elmwood Drive for the proposed duplexes (see Case C 09-
38A). Carports are usually requested for single family residences; however, the Zoning
Ordinance does not restrict them to any particular use.
There are no (0) properties within 200 feet that have a carport in the 25 foot setback area.
Twenty (20) surrounding property owners were notified of this request. No (0) responses were
received in favor; eight (8) responded opposed; and, one (1) responded as undecided or other.
P &Z COMMISSION PAGE 8 SEPTEMBER 9, 2009
Ms. Owens stated that there will be one covered single carport, shingled roof, with wooden
poles; it will not be a tin carport. There will be access from the vehicle directly into the
apartment.
Mr. Ash made a motion to approve this case; Ms. Morrow seconded. The motion carried
unanimously.
VI. OTHER BUSINESS
City Council Update
There was no Planning and Zoning Commission business brought to Council since the August
meeting.
VII. ADJOURN
The meeting adjourned at 4:00 p.m.
ATTEST:
David A. Clark, Dir6ctor of Community Development
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