Planning and Zoning Commission Minutes - 07/14/19990
MINUTES
PLANNING & ZONING COMMISSION
July 14, 1999
PRESENT:
David Rhone, Chairman
.
Members
Cliff Berg
Lin Purtle
Earl Rooks
Rusty Sons
Randy Wachsman
Greg Wright
Ken Birck
.
Alternate #2
Bruce Harris
.
Alternate #1
Johnny Burns
.
Council Liaison
David A. Clark, Director of Community Development
.
Staff
Steve Seese, Planning Administrator
Paul Stillson, Planner II
Diane Parker, Recording Secretary
ABSENT:
Danny Richardson
Lou Ann Phillips
I. CALL TO ORDER
The meeting was called to order by Chairman Rhone at 2:00 p.m.
11. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. CONSENT AGENDA
Public Hearing on Preliminary Plats
1. Provide utility and drainage easements as required by utility companies and the Director of Public
Works.
2. Submit water and sewer plans to the Utilities Engineer; water plans to the Fire Marshall and street,
sidewalk and drainage plans to the Director of Public Works. Drainage plans must be complete
enough to include impact on surrounding property and MCI I
Director of Public Works.
C;TY CLERK'S OFFICE
--
Date 0-� . (c - , 1
Planning & Zoning Commission
June 9,1999
Page 1
By [t�-"' Time
3. Coordinate street lighting plan and provide utility easements as required by the Director of Traffic
and Transportation.
4. Submit two (2) copies of corrected preliminary plat to Planning Division before final platting.
Note: Approval of a plat does not imply development of property in violation of the Zoning
Ordinance.
Recommend approval subject to standard conditions and any specific conditions listed below:
A. BWKR Addition, Block 1, Lots 1 & 2 and Block 2, Lot 1 (July '99)
1. Extend water and sewer to serve lots (PW).
2. Provide stormwater detention (PW).
3. Extend street in accordance with TXDOT and City standards (PW).
4. Meet curb & gutter requirements (PW).
B. Rolling Hills Estates (July '99)
1. Provide a minor collector with a 60' right -of -way to serve subdivision.
2. Extend water and sewer to serve lots (PW).
3. Provide master utility plan (PW).
4. Provide master drainage plan (PW).
5. Provide storm water detention (PW).
6. Construct streets in accordance with City standards.
7. Meet curb and gutter requirements.
C. Stone Lake Estates (July '99)
1. Extend water and sewer to serve all lots (PW) (Health).
2. Provide stormwater detention (PW).
3. Provide master utility plan (PW).
4. Provide master drainage plan (PW).
5. Extend streets in accordance with City standards (PW).
Public Hearing on Final Plats:
1. Provide utility and drainage easements as required by utility companies and the Director of Public
Works.
2. Submit water and sewer plans to the Utilities Engineer; water plans to the Fire Marshall and street,
sidewalk and drainage plans to the Director of Public Works. Drainage plans must be complete
enough to include impact on surrounding property and include detention facilities as required by
Director of Public Works.
3. Coordinate street lighting plan and provide utility easements as required by the Director of Traffic
and Transportation, if underground electric utilities are to be provided.
Recommend approval subject to standard conditions and any specific conditions listed below:
A. Bluebonnet Park Addition, Section Two, Block 1, Lots 8 -14 and Block 2, Lots 6 -10 (July'99)
1. Provide utility slips.
2. Provide signatures.
3. Provide a proposed street name for "Court 2 ".
Planning & Zoning Commission
June 9, 1999
Page 2
4. Provide temporary turn - around at end of Prairie Lace Lane.
5. Number lots in accordance with preliminary plat.
6. Extend water and sewer to serve lots (PW).
7. Extend streets in accordance with City standards.
B. BWKR Addition, Block 1, Lot 1 (July'99)
1. Provide utility slips.
2. Label 287 R.O.W. as "Prev. Dedi ".
3. Extend water and sewer to serve lots (PW).
4. Provide stormwater detention (PW).
5. Extend street in accordance with TXDOT and City standards (PW).
6. Meet curb & gutter requirements (PW).
C. Ruyle Addition, Block 1, Lot 1 (July'99)
1. Provide utility slips.
2. Provide signatures.
D. McKenzie & Knight Subdivision, Block 36, Lot 1 (July'99)
1. Provide Storm water detention (PW).
2. Meet curb and gutter requirements (PW).
3. Show airport zoning noise contour line on plat.
E. Rolling Hills Estates, Section Two (July'99)
1. Provide utility slips.
2. Provide signatures.
3. Provide street names for approval.
4. Extend water and sewer to serve lots (PW).
5. Extend street (PW).
6. Meet curb & gutter requirements (PW).
7. Provide stormwater detention (PW).
8. Provide drainage in accordance to an approved master plan (PW).
F. Stone Lake Estates, Section 1 (July'99)
1. Provide utility slips.
2. Provide signatures.
3. Provide a sepia.
4. Submit street names for approval.
5. Extend water and sewer (PW).
6. Provide stormwater detention (PW).
7. Extend streets in accordance with City standards (PW).
8. Meet curb and gutter requirements for Rathgeber Road (PW).
Chairman Rhone stated that the preliminary plat for Rolling Hills Estates was removed from the Consent
Agenda. A motion to approve the Consent Agenda was made and seconded. The Consent Agenda was
approved with a unanimous vote in favor.
IV. REGULAR AGENDA
1. Notification Replat
Canyon Trails, Section Five, Lots 95 -13, 96 -A, & 96 -B
4237 Canyon Trails
Planning & Zoning Commission
June 9, 1999
Page 3
The property owner has proposed to replat Lot 96, Canyon Trails Section Five, a.k.a. 4237 Canyon Trails
Drive, Wichita Falls, TX, into Lots 96 -A and 96 -B, Canyon Trails Section Five. This plat will create two lots
out of the one original lot. Section 212.015 (c) of the Local Government Code requires a public hearing for
any replat that:
Within the past five years had zoning limiting the area to single family or duplex use and,
2. Will increase the number of lots or change the deed restrictions or building limit lines on a
property.
This plat was originally submitted for the March 1999 P &Z meeting. The applicant withdrew the item prior
to consideration. The notification includes all of the owners of the lots or lands immediately adjoining the
area covered by the proposed replat, and extending 200 feet from that area, but within the original
subdivision.
Staff recommends approval of this plat subject to the following conditions:
Canyon Trails Section Five, Lots 95 -13, 96 -A & 96 -B (July 1999)
1. Provide utility slips.
2. Curb, gutter, detention requirements shall apply
3. Provide signatures.
Mr. Berg made a motion to approve this replat of a notification plat with Ms. Purtle seconding.
Ten responses were mailed to surrounding property owners. One (1) responded in favor and two (2) were
opposed.
Chairman Rhone stated that he would abstain since he is the applicant. Mr. Rooks also abstained.
Mr. Berg inquired about the lot sizes. Mr. Rhone responded that there has been some confusion in the
plats regarding size. He stated that one lot would be 95' wide and the other would be 105' wide.
Mr. Rooks stated that Mr. Rhone's clarification of lot size should clear up the negative responses to this
issue. It was a major concern of the homeowners that one lot appeared to be only 70' wide. To
questioning, Mr. Rhone responded the average size of a lot in Canyon Trails is 90' wide.
The plat was approved with a vote of six (6) in favor and none (0) opposed
2. Request for Manufactured Home
1219 North Tenth Street
Case C 99 -16
Applicant: .........................................
Peggy R. King
Requested Action: ............................
Conditional Use Permit
Purpose: ..........................................
Install a manufactured home.
Property: ..........................................
1219 North Tenth Street.
Legal Description: ............................
Lot 10, Block 8, Scotland Addition
Surrounding Land Use and Zoning:.
N: Outdoor Storage, HC
S: Residences, SF2
E: Residence, RMU
W: Residences, RMU
Planning & Zoning Commission
June 9, 1999
Page 4
Analysis:
The applicant requests approval to place a manufactured home on this 50 x 140 lot located on the south
side of North Twelfth Street. The property is zoned Residential Mixed Use, and as for all proposed
manufactured homes, it requires a Conditional Use permit.
The property, 1219 North Twelfth, is a vacant lot located outside of the floodplain. On the south side of
North Twelfth there are primarily residential land uses with some vacant lots. On the corner of North
Twelfth and Broadway is a commercial use: T .J.'s Trading Post. Across from the property to the north are
warehouses with outdoor storage built in the 1930's and zoned heavy commercial.
Tax records show that the surrounding residences were built between 1923 and 1952. The homes range in
size from 884 square feet to 1008 square feet. The applicant is proposing a 27 x 56 (1512 square feet)
new manufactured home. Staff feels that this manufactured home will be compatible with existing
structures in the surrounding neighborhood.
Developmental Requirements:
All necessary building permits will be required for this project.
Recommendation:
Staff recommends approval of this request for a new 1,512 square foot manufactured home installed with
full brick -under skirting.
Mr. Wright made a motion to conditionally approve this request. Mr. Sons seconded the motion.
The vote was unanimous in favor of conditional approval of this conditional use permit.
3. Reapproval of Church Expansion
2124 Broad
Case C 99 -19
The following case was approved December 1997. Recently the church applied for a building permit. A
conditional use permit is valid for only one year unless a building permit has been issued. As it has been
over one year, the church has requested re- approval of their request. The original staff report, with one
modification, follows. The condition calling for a 30 -foot buffering setback was removed due to changes in
the non - conforming section of the Zoning Ordinance.
STAFF REPORT
PLANNING & ZONING COMMISSION
December 10, 1997 - 2:00 p.m.
General Information:
Case Number .... ............................... C 97 -50
Applicant ........... ............................... Reverend James L. Harmon for the Calvary Assembly of God
Requested Action ............................. Conditional Use Permit
Purpose ............ ............................... Expansion of a Conditional Use (religious assembly)
Property ............ ............................... 2124 Broad Street
Legal Description ............................. Lots 21 -23 & 25 -29, Block 7, Sibley Taylor Addition
Surrounding Land Use & Zoning N: Vacant, GC
S: Residences, SF -2.
E: Termite business, GC
W: Residences, SF -2
Planning & Zoning Commission
June 9,1999
Page 5
Analysis:
The Calvary Assembly of God Church requests approval to expand their church by building a classroom
and activities center and providing additional parking. The property is zoned Single Family -2 and religious
assembly is a conditional use in this district.
The property is located at the corner of 22nd and Broad Street and covers eight lots on the east side of
Broad Street. To the north Broad Street intersects with Central Freeway East.
The new building will consist of a 48 x 60 ft. classroom area, and a 50 x 80 ft. activity center. It will be
constructed north of the existing church. In all, eighty -eight parking spaces will be provided, in two parking
areas, according to the site plan. To meet zoning and development requirements, the following items are
required as part of the development.
1. I ttin : Since the building crosses lot lines, the property must be replatted.
2. Sidewalks: Sidewalks will be required along all public streets.
3. Parking: Provide three (3) handicapped parking spaces, one of which shall be a van -sized
space.
4. Landscapin-qL All landscape area shall be irrigated and meet the provisions of the landscape
ordinance. One -half of all trees shall be canopy trees.
5. n i : Provide a six foot tall privacy fence along the rear of the new building.
Recommendations:
Staff recommends approval of this request, with the changes noted above.
Ms. Purtle made a motion to approve this request. Mr. Birck seconded the motion.
Thirty -three surrounding property owners were notified of this request. Six (6) were in favor and none (0)
were opposed.
Mr. James Harmon, pastor of Calvary Assembly, thanked the Commission for their consideration of the
reapproval.
The vote was unanimous in favor of approving this conditional use permit.
4. Request for Outdoor Storage and Auto Sales
3705 Call Field
Case C 99 -20
Applicant: ......................................... Phillip Malone
Requested action: ............................ Conditional Use Permit
Purpose: .......................................... Outdoor Storage and Sale of Automobiles
Property: .......................................... 3705 Call Field Road.
Legal Description: ............................ Lot 2, Block 5, Faith Village
Surrounding Land Use & Zoning:..... N: K -Mart, GC
S: Commercial, GC
E: Commercial, LC, GC
W: Shopping Center, LC
Analysis:
The applicant requests approval to operate a for - sale -by -owner car lot on this site at 3705 Call Field. The
property is the parking lot of the former Cheyenne Cattle Co. nightclub. The business will consist of
Planning & Zoning Commission
June 9, 1999
Page 6
vehicles left by various private owners for display and sale on a consignment basis. The applicant will
collect a fee for allowing the vehicles to park, but will not receive any proceeds from the actual sale. Since
there is no licensed auto dealer present, and since there is no ownership arrangement typical with a new or
used car lot, staff classified this use as "outdoor storage" requiring a conditional use permit. Included with
this report is a letter written by the applicant describing the sales operation.
The proposed car lot will occupy parking spaces normally needed by the commercial buildings on the site.
Since the nightclub is vacant, the applicant wishes to use the property until the buildings are reoccupied.
His site plan shows two areas that could be used for showing vehicles.
This site is located adjacent to Call Field Road, one of the primary high visibility transportation corridors in
the City. The appearance of the property will have significant exposure to the general public.
Staff believes that the conditions listed below will reduce any adverse impacts associated with this use.
Recommendation:
Staff recommends approval of this request and recommends the following conditions:
1. Parkina. If the buildings were to be reoccupied, this use would reduce the available parking
required for the other activities on this site. Therefore the car lot must cease operations
within two weeks after the existing vacant buildings are put into use or within two weeks of
the application for a building permit.
2. Landscaping. Since the parking lot is being converted to a new use, the parking lot should
be fully landscaped as required by the Landscaping Regulations of the Zoning Ordinance.
This includes a five -foot planting strip, required tree plantings, landscape islands and
underground irrigation. Also the parking spaces must be fully striped so that the location of
landscaped islands may be determined.
3. Signaae. No portable signs as defined by the Zoning Ordinance shall be permitted on this
site. This will reduce visual clutter.
4. Types of Vehicles for Sale. All vehicles displayed shall be fully operational with current
inspection and license tags. No partially assembled, wrecked or damaged vehicles or
vehicle parts shall be permitted on this lot. No heavy equipment such as tractors, dump
trucks, or mobile homes, boats, commercial vehicles, or tractor - trailers shall be sold on the
premises. Only passenger cars, vans and light duty pickup trucks in good condition shall be
stored on this lot.
5. Site Plan. The location and boundaries of the use shall be in accordance with the attached
site plan.
6. Lighting Lighting sources shall not be visible from a public street.
7. No security trailers shall be permitted on this site.
Mr. Rooks made a motion to approve this request. Mr. Birck seconded the motion.
Twenty -eight surrounding property owners were notified of this request. Three (3) replied in favor and four
(4) were opposed.
Planning & Zoning Commission
June 9,1999
Page 7
Mr. Seese stated that staff has concerns about compatibility of this land use on this highly visible corridor
Mr. Philip Malone, applicant, stated that when his brother sells the property the buildings will be bulldozed.
He stated that he supports the City's landscaping efforts but asked if this condition could be deleted. The
new owner of the property may not lease space to Mr. Malone and his landscaping efforts could be
bulldozed. He stated this business would probably be a short-term situation because of the potential sale.
Mr. Sons inquired about the number of vehicles the applicant could display. Mr. Malone stated that he was
hoping for 40 -50.
Mr. Rooks stated that there is an opportunity for this type of business in Wichita Falls, he felt this location
was not suitable. He stated he would not vote in favor of this request.
Chairman Rhone stated the parking lot was not a new use and he agreed with the applicant regarding that
a temporary use should not be required to install landscaping. Mr. Clark stated that landscaping, as well as
the other conditions, were staff's recommendations and the Commission can single out which conditions
should apply.
Mr. Wachsman stated he agreed with Chairman Rhone regarding the use and the landscaping issue.
Ms. Purtle suggested that if Mr. Malone continues his vehicle sales after six months, he should reappear
before this Commission for a review of the permit. Mr. Malone agreed.
Mr. Seese clarified the difference between a parking lot for a business as opposed to a lot where cars are
parked for the purpose of sales. This is a totally new use for this location and he felt other locations in the
City would be more suitable. The discussion then focused on other areas where cars are being parked on
lots for the purpose of sales and car dealer used car lots.
Mr. Wright inquired about the details of the business; Mr. Malone stated the lot would be striped, cars would
be assigned to a specific numbered area, and it would be very neat and orderly. Mr. Malone also stated he
was going to use the lot until it is sold or until his brother renovates the lot by bulldozing to make it more
attractive to sell.
Mr. Birck expressed concern for setting a precedent for future requests of this nature. Ms. Purtle moved to
consider this request with the understanding that he return to this Commission in one year to reconsider
landscaping. Mr. Birck seconded the motion. The amended motion passed with a unanimous vote in favor.
The original motion passed with a vote of seven (7) in favor and one (1) opposed
5. Request for Mobile Home
1000 Burkburnett Road
Case C 99 -21
Applicant ........... ............................... Claudia M. Cervantes
Requested Action ............................. Conditional Use Permit
Purpose ............ ............................... Install a mobile home.
Property ............ ............................... 1000 Burkburnett
Legal Description ............................. Lot 1 -13, Block 21, Original Townsite
Surrounding Land Use & Zoning ...... N: Outdoor Storage, RMU
S: Residences, SF2
E: Residences, Vacant Lots, RMU
W: Residences, RMU
Planning & Zoning Commission
June 9,1999
Page 8
Analysis:
The applicant requests approval to place a mobile home on this lot located on the corner of Jefferson and
Burburnett Road. The property is zoned Residential Mixed Use, and as for all proposed mobile homes, it
requires a Conditional Use permit. The applicant has not yet selected the home to be placed on the lot, but
has stated that it will be a single -wide mobile home. Additionally, the property is located in the 100 -year
floodplain.
Staffs inspection of the property revealed that the lot is primarily a storage yard for large used pipe. Alsc
on the property are two large commercial buildings in need of maintenance and repair. This site is an
example of extensive unscreened outdoor storage. The area on the lot proposed for the mobile home is
piled with large pipe interspersed with tall weeds. The unaesthetic character of the pipes and deteriorating
buildings negatively impacts the surrounding neighborhood.
Recommendation:
Staff believes that the problems on this property must be corrected in order to provide a healthy, safe
orderly environment before any mobile home, is installed here. To meet that goal, staff recommends the
following conditions:
All pipe and other materials stored outside shall be removed from the site or stored behind a
solid fence constructed of wood or masonry. Such fence shall be six feet tall minimum. No
materials shall be stored so that it is higher than the fence, or visible from the street.
Material may also be stored within an enclosed building. Buildings that are not fully enclosed
shall not qualify.
2. Tall weeds and grass in violation of City Codes shall be cut.
3. The City's Code Enforcement Division shall inspect the existing commercial buildings on site
and any building code violations shall be corrected.
4. The property is in a floodplain, zone AE, with a required elevation of 950.2. This elevation
represents the City requirement of one foot above floodplain elevation. The floor of the
mobile home shall be elevated to this point. The applicant should contact a surveyor and
have this required elevation identified on the property with a benchmark. A method to
accomplish the elevation, and its practicality, must be considered by the applicant when
planning the installation of this home.
5. The above conditions shall be met prior to obtaining a permit to locate the mobile home on
this lot.
6. In absence of a picture or description of the proposed home, staff recommends that only a
new home be located on this site.
Mr. Wright made a motion to conditionally approve this request with Mr. Berg seconding it.
Thirty -one surrounding property owners were notified of this request. One (1) replied in favor, none (0)
were opposed, and one (1) response was received that was neither in favor or opposed.
The vote was unanimous in favor of granting this request.
Planning & Zoning Commission
June 9,1999
Page 9
6. Request for Carport
1445 Tanbark Road
Case C 99 -22
Mr. Berg made a motion to approve this carport with Mr. Rooks seconding it.
Mr. James Williams, applicant, stated he would like to make this improvement to his home.
The carport was approved with a unanimous vote in favor.
VI. OTHER BUSINESS
1. Discussion and Recommendation on Changes to General Commercial Zoning
It was decided that the Commission needed more time to review these changes and asked for the material
to be in the August agenda books as well as considered at the next meeting.
Mr. Clark asked if the Commission had suggestions to please submit them to staff
2. Discussion and Recommendation on Changes from Heavy Commercial to Light Industrial
Zoning.
Mr. Seese explained that this was strictly a name change for the district and the uses would not be altered.
Mr. Wachsman stated that Light Industrial sounds more restrictive. Mr. Seese explained the hierarchy of
zoning districts as well as other reasons for the change, including national standards.
Mr. Sons made a motion to recommend approval to City Council to change the name of the district to Light
Industrial with Mr. Rooks seconding. The motion passed with a vote of seven (7) in favor and one (1)
opposed.
3. Report to the Commission Regarding Neon Spur
Mr. Seese reviewed the June 18`h meeting with the neighbors, Neon Spur, a few Commission members,
and City staff by stating that the following items were mutually agreed:
1. The Spur would volunteer to turn off the outdoor amplified music by 10:00 p.m.,
2. A sound wall would be contructed that tilts towards the audience and rises above the stage
by 11 feet,
3. The Spur will not block off their parking lots for additional seating,
4. They will not have customers parking in the MPEC parking lot, and
5. They must provide adequate parking for their customers at all times.
The Commission then discussed the details of the parking ordinance and the continued success of the
Spur. Mr. Seese and Mr. Clark both stressed that MPEC parking would not be a consideration for the Spur.
Mr. Wood stated that if MPEC was not available (for parking) then they would be at an impasse.
The following motion will amend the Conditional Use Permit issued in October, 1998: Chairman Rhone
made a motion to include 10:00 p.m. music cutoff; address the cutoff time again within 30 days of the
installation of the noise wall; and the cutoff time to be re- evaluated as necessary. Mr. Sons seconded the
motion. The motion passed with a unanimous vote in favor.
Planning & Zoning Commission
June 9,1999
Page 10
4. City Council Update - Rezoning Kemp's Subdivision to General Commercial Conditioned
Zoning.
Mr. Clark stated the rezoning was approved.
5. Discussion of Items of Concern to Members of the P&Z Commission
Mr. Clark announced that this would be the final day for Mr. Le Templar of the Times Record News. He
expressed the staffs and his appreciation for such good reporting over the years. He wished Mr. Templar
well in his new job in Mesa, Arizona. The Commission wished Mr. Templar good luck.
Mr. Clark stated that the parking ordinance will be presented to Council on Tuesday, July 20, 1999.
Mr. Clark stated that outdoor storage and the screening ordinance will be reviewed again by this
Commission in the near future.
The City is also considering having the Code of Ordinances recodified. In the next few months, we should
concentrate on getting the necessary ordinances passed and cleaning up the ordinances that need minor
revisions, such as the one considered today regarding Light Industrial.
6. Staff /Commission Discussion
VII. ADJOURN
The meeting adjourned at 3:45 p.m.
David Rhone, Chairman Date
ATTEST:
6 9
Steve ese, 4ir I g Administrator Dat
Planning & Zoning Commission
June 9, 1999
Page 11