Planning and Zoning Commission Minutes - 10/14/2009MINUTES
PLANNING & ZONING COMMISSION
October 14, 2009
PRESENT:
Ripley Tate, Chairman
♦ Members
Larry Ash
•
Kevin Callahan
•
Warren Gardner
•
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:
Jeremy Dorzab ♦ Members
John Kidwell •
R. C. Taylor ♦ Alternate #2
Jeff Cooper ♦ Alternate #1
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 September 9, 2009 meeting. Mr.
Stephenson seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
Public Hearing on Final Plats
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P &'Z COMMISSION PAGE 2 OCTOBER 14, 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.
a. Belair Addition, Lots 11 -A & 11 -B, Block 4
Address: 4600 Fairway Boulevard (NW Corner of Fairway and Belair Boulevard)
1. Applicant must record the following easement(s) herein stated as a separate
instrument prior to "unrecording" of the plat. A copy of the recorded
easement(s) and plat must be submitted to the Planning Division. (Planning)
2. Applicant must comply with the latest Stormwater Management requirements
prior to Building Permit issuance. (Engineering)
CARPORTS: no carports were submitted for the month of October
Mr. Ash made a motion to approve the Consent Agenda; Ms. Morrow seconded. The motion
carried.
V. REGULAR AGENDA
1. C 09 -39
Request for a Conditional Use Permit to Expand a Nonconforming Adult
Entertainment Facility within a General Commercial Zoning District
3138 Seymour Highway
Mr. Arthur Gaona requested a conditional use permit to expand a nonconforming adult
entertainment facility located on Seymour Highway. In July 2004, this Commission conditionally
approved an 1,800 square foot addition to Maximus but the project was not started within a year
and the permit expired.
The applicant is proposing to add a separate 2,622 square foot building to the rear of the
existing location. This proposal also shows a 997 square foot second floor mezzanine and a
2,137 square foot open patio between the two buildings.
The applicant has indicated that the new building will have more of a pool hall atmosphere. He
has also acknowledged that on occasion during special events there will be sexually oriented
activity within the building. Staff recommended approval with a condition that the sexually
P &Z COMMISSION PAGE 3 OCTOBER 14, 2009
oriented activity be limited within the new building so that it is not conducted on a routinely or
daily basis.
Ten surrounding property owners were notified of this request. One (1) replied in favor and one
(1) replied opposed.
Mr. Syd Litteken, architect for the owner, stated this addition would provide more outdoor, patio -
type space as well as a larger indoor entertainment area rather than the original (2004)
addition. The indoor area would be used for pool, NFL pay- for -view, birthday parties,
bachelor /bachelorette parties. The owner felt he would be able to secure the existing 25
employees and perhaps add new employees.
Mr. Nelson asked to have the fencing explained. Mr. Litteken stated Mr. Gaona would like to
have the outside patio fenced for protection with an eight -foot privacy fence. The new parking
would also be separated by chain link fencing from the existing parking. The new facility will
accommodate approximately 54 people. There will also be 8 to 10 pool tables.
Mr. Callahan asked about the entertainment in the new building. Mr. Litteken explained that
99% of the time it would be used for pool tables, billiards, pay- for -view TV and private parties.
The owner has had numerous requests for small family parties because there is no place in the
city to hold these gatherings. The entrance to the new building would be through the new patio.
Mr. Gardner asked about the primary use for the patio. Mr. Litteken reported it would have
tables with umbrellas, smoking would be permitted, and live music /bands would not perform
because it would only have a 20 ft. width.
Mr. Nelson asked about the location of the school (Harrell Center). Mr. Odom explained that
Maximus was built prior to the construction of the school.
Mr. Callahan stated that the staff recommendation was to limit the sexually oriented activity in
the new building. Mr. Odom stated the main concern was that sexually oriented activity was not
a daily occurrence in the new building. The applicant stated it would only be during special
events. Chairman Tate stated that becomes a problem defining special events and could be
subjective. Mr. Litteken responded by stating that the owner would not be able to open the rear
facility daily because it would not be feasible; it would only be open during the patio season and
special events. Pool tournaments would be held once a week.
Mr. Gardner made a motion to approve this request; Mr. Nelson seconded. Mr. Stephenson
was not present during the voting. Six (6) replied in favor and none (0) were opposed.
2. C 09-40
Conditional Use Permit to Operate a Landscaping Contractor's Yard
1219 31st Street
Mr. Daniel Miranda requested approval to develop a landscaping contractor's yard on 31st
Street which is in a General Commercial zoning district.
In March, 2008, this Commission approved a conditional use permit for a contractor's yard at
the same location. The project was not completed within a year, the permit expired, and now
the applicant is reapplying.
Forty -one (41) surrounding property owners were notified of this request. One (1) responded in
favor and two (2) responded opposed.
P 8& Z COMMISSION PAGE 4 OCTOBER 14, 2009
Mr. Miranda stated he was too busy last year with contracting jobs to work on his own business.
Mr. Gardner made a motion to approve this request; Mr. Ash seconded. Mr. Stephenson was
not present for the voting. The vote was six (6) in favor and none (0) opposed.
3. Text Amendment TA 09 -05
Proposed Text Amendment Adding Various Uses as Permitted Uses within the
River Development District
Mr. Odom stated that staff recommended an amendment to the ordinance by adding certain
uses under the permitted use category within the River Development District (RDD). This is a
specialized zoning district that extends along the Big Wichita River from the west side of Lucy
Park to just past the Bridge Street.
The original purpose of RDD was for an area along the river that would promote recreation,
leisure activities, and tourism. Staff felt that the district might be too restrictive, particularly
those properties where the zone extended into areas that have little connection to the River or
MPEC.
Mr. Odom reviewed the uses that would be added to the permitted uses.
Councilor Elmore commented that he is in favor of a greenway along the River. He also stated
that the RDD may extend a little further than it should but it doesn't go as far as it should. He
expressed that he really wanted a river park in Wichita Falls. He also commented that we have
an asset in this community that most cities would like to have and he doesn't want to see it
ignored any more. Councilor Elmore stated that he wanted to see a flood plain map including
the River.
Mr. Clark stated that some of these proposed uses are currently in existence. This amendment
is more of a language cleanup than the addition of fringe uses.
Mr. Stephenson inquired about Riverbend. Mr. Clark replied it should be included as a Nature
Center.
Chairman Tate stated that he was in accordance with Councilor Elmore that we should take the
steps toward developing the River in a tourist -type manner because it would certainly benefit
the City.
Mr. Ash made a motion to approve this text amendment with the addition of Nature Center; Mr.
Gardner seconded. The motion carried.
VI. OTHER BUSINESS
1. Discussion Item
Kemp Corridor Zoning
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The City has recently received a petition from over 30 property owners along Kemp Blvd.
between Avenue C and Avenue M requesting a review of that area's zoning to allow more uses
than the current Limited Commercial's uses.
In 2003, staff conducted a neighborhood meeting with the Kemp Blvd. property owners.
Adjacent property owners were also invited. The basic outcome was the commercial property
owners wanted more options and the residential property owners preferred to maintain the
residential character of the neighborhood. Mr. Clark stated that there is an attorneys' office at
Kemp and Ninth Street with a Mediterranean flair. He further commented that if a new district is
considered, it should be something different such as the Brook Avenue District. He suggested
that it might affect major remodels and new construction. This would be an intermediate zone
between Limited Commercial and General Commercial allowing a number of additional uses.
Staff drafted a possible intermediate zone that was presented at the meeting. In 2008 the
consulting firm of Freese and Nicholes presented a corridor analysis and made
recommendation for the area north on Kemp between Kell Freeway and Seymour Highway.
Chairman Tate stated this was a step in the right direction. He felt it goes along with the
consultants' recommendations. Some may oppose the commercial development encroaching
into the residential areas due to property values and noise but those arguments are unfounded.
He experienced that with property he owns on Sherwood Lane which is one block away from
Kemp on the south side of Kell.
Mr. Nelson concurred. He actively participated in the 2003 meetings and met with the property
owners on Kemp. The attitude was positive and the desire was strong to proceed. It appears
this project has been stimulated by property owners in the area that wish to pursue this project.
The requirements being proposed are a great compromise and we should move full speed
ahead.
Mr. Stephenson said it was a great idea, a great opportunity, and the City should not miss it.
Mr. Nelson asked what the next step would be. Mr. Odom stated that first the district should be
created then it should be rezoned. An entrance way into the district was discussed by the
members. The Commission agreed for staff to proceed.
Mr. Mark Webb, 1902 Kemp, stated he owns the property at Avenue I and Kemp. He has
owned or rented property on Kemp for over 30 years. He stated he initiated the original request
in 2003 rezoning request. He and his wife think this will be a beneficial project; especially from
Avenue I south; they are in favor of the entire Kemp project; and, they feel this will be a win -win
situation. He also felt that the project might begin with Avenue I southward. He also suggested
giving some latitude to the business owners regarding two -story structures. Councilor Elmore
mentioned having residential upstairs with commercial downstairs as a crime deterrent.
Mr. Bill McGregor, 2186 Kell, stated there has not been much new construction on Kemp [north
of Kell] in the last 20 years. This new zone was well received by the select group that received
the original mailing. He stated this project should be a benefit to Kemp.
2. Council Update
Mr. Clark reported that the Alma rezoning was approved by City Council.
P R17 COMMISSION PAGE 6 OCTOBER 14, 2009
VII. ADJOURN
The meeting adjourned at 3:02 p.m.
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RiWv T,a'te, C (airman
ATTEST:
David A. Clark, Director of Community Development
Date
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Pate