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Planning and Zoning Commission Minutes - 09/08/1999PRESENT: MINUTES - i PLANNING & ZONING COMMISSION / September 8, 1999 David Rhone, Chairman . Members Cliff Berg Lou Ann Phillips Lin Purtle Danny Richardson Rusty Sons Greg Wright Ken Birck . Alternate #2 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: Earl Rooks Randy Wachsman Bruce Harris . Alternate #1 I. CALL TO ORDER The meeting was called to order by Chairman Rhone at 2:00 p.m. II. PUBLIC COMMENTS Mr. Nathan Brown, 2403 Ninth Street, stated he felt the Brook Avenue zoning had become antiquated. It was developed to accommodate the influx of doctors to be close to the medical center. He remarked that the medical center has moved to the west side of town (Kell /Barnett) and Brook Avenue could possibly become another Scott Street. He asked the Commission to consider the future of the City and change the zoning on Brook to have more flexibility and usability. III. APPROVAL OF MINUTES Mr. Richardson made a motion to approve the minutes of the August 11, 1999 meeting. Ms. Purtle seconded the motion. The minutes were approved with a unanimous vote. Planning & Zoning Commission September 8, 1999 Page 1 IV. CONSENT AGENDA 1. Public Hearing on Preliminary Plats — none received 2. 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 below: • Provide utility easements as required by utility companies and Director of Public Utilities, and drainage easements as required by Director of Public Works. • 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. ♦ Coordinate street lighting plan with Director of Traffic & Transportation, if underground electric utilities are to be provided. Note: Approval of a plat does not imply development of property in violation of the Zoning Ordinance. 1. Country Roads, Block 2, Lots 2 -A & 2 -B (Sept. `99) moved to Regular Agenda 2. Fountain Park Village Section 19 -13, Lot 3, Block 23 (Sept. `99) a. Provide signed copy. b. Provide utility slips. C. Lots are served by water and sewer. (PW /PU) d. Provide storm water detention (PW /PU) 3. Royal Addition, Lot 1, Block 1 (Sept. `99) a. Provide signed copy. b. Provide utility slips. C. Lots are served by water. (PW /PU) d. Extend sewer to serve lot. (PW /PU) C. Meet curb and gutter requirements. (PW /PU) d. Additional 10 -foot easement on south property line, 55 feet from southeast corner going west. Richard Boyd has been contacted and the owner has agreed to additional easement. (TXU) Mr. Seese commented that there are changes regarding the attachments to the minutes. The blue attachment should be disregarded. Item 2.b. on the yellow attachment will not be considered, Newcomb Downs is a minor plat, which does not require P &Z approval. County Roads should be moved to the Regular Agenda. Mr. Richardson made a motion to approve the Consent Agenda. Ms. Phillips seconded the motion. The Consent Agenda passed with a unanimous vote in favor. V. REGULAR AGENDA 1. Plat Vacation Highland Village Subdivision, Lot 1, Block 1 1419 Southwest Parkway Planning & Zoning Commission September 8, 1999 Page 2 The property owner is requesting the vacation of Lot 1, Block 1, Highland Village Subdivision out of Block 3, Kemp and Newby Subdivision of Cherokee County School Land, Wichita County, Texas. As the attached letter explains, the Highland Investment Company is the owner of this lot andthe unplatted properties that surround it. No public rights -of -way or easements were dedicated with this plat. Section 212.013 of the Local Government Code states that: (a) The proprietors of the tracts covered by a plat may vacate the plat at any time before any lot in the plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated is approved and recorded in the manner prescribed for the original plat. (b) If lots in the plat have been sold, the plat or any part of the plat, may be vacated on the application of all the owners of lots in the plat with approval obtained in the manner prescribed for the original plat. The attached instrument will vacate this plat. The Planning staff has no objections to this request. Mr. Sons made a motion to approve this vacation with Mr. Richardson providing the second. The plat vacation was approved by a vote of seven (7) in favor and none (0) opposed. 2. Notification Plat Country Roads, Lots 2 -A & 2 -13 4834 Shenandoah The property owner has proposed to replat Lot 2, Block 2, Country Roads, into Lots 2 -A, & 2 -B. Section 212.015 (c) of the Local Government Code requires public notification for any replat that: (a) Within the past five years had zoning limiting the area to single family or duplex use and, (b) Will remove any covenants or deed restrictions on a property. 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. Thirty -two surrounding property owners were notified of this request. Five (5) or 15.63% responded in favor and three (3) or 9.38% were opposed. Staff recommends approval of this request subject to conditions noted a separate attachment. Conditions: 1. Provide signatures. 2. Show width of Shenandoah Drive. 3. Approval of this plat is conditional upon the approval of the separate agenda item for this notification plat. 4. Lots are served by water and sewer. (PW /PU) Mr. Richardson made a motion to approve this plat and Mr. Sons seconded. Planning & Zoning Commission September 8, 1999 Page 3 Mr. Chuck Dennis, applicant, gave a brief history of the development of this lot and the surrounding area. He described three other lots with less than 60 feet frontage. Mr. Dennis presented pictures of the houses to be built on the lots, all meeting the 1,600 square foot requirement in the deed restrictions. Mr. Cliff Berg arrived at the meeting at 2:15 p.m. Mr. Roger Case, 4857 Shenandoah, stated that his property is across the street from the two proposed lots. He suggested the lots be divided more evenly because the proposed split will not look appropriate in this neighborhood. He then stated he was opposed to this replat. Mr. Birck stated that the houses would have at least 1,600 square feet. Mr. Richardson commented that the pie- shaped lot would not have enough depth to build a house if the lots were equally divided. Chairman Rhone stated that one reason for the division is to keep the selling price of homes in a similar range. Mr. Seese stated that this development cannot become zero -lot line because it was not platted for that use. The vote was unanimous to approve this notification plat. 3. Rezone from RDD to GC 1701 & 1703 Fifth Street Case R 99 -08 Applicant ................... ........................Charlie Johns Requested Action .... .........................Rezone from River Development District to General Commercial Purpose........... ............................... Property........... ............................... Existing Land Use ............................ Surrounding Land Uses & Zoning zoning .Outdoor display of tires .1701 & 1703 Fifth Street Tire Sales, zoned RDD N: Motel, RDD E: Offices, RDD S: Vacant, GC W: Offices, RDD Analysis: This property, Texas Tire Sales, is located at the southwest corner of Brook and Fifth Street. Just to the north is the Econo Lodge Motel. The property is currently zoned River Development District (RDD). The applicant is the owner of Texas Tires. In the past he was cited for outdoor display of tires, which is not permitted in the River Development District. The RDD regulations state that: "No repair services or outdoor storage /display shall be permitted." He is requesting a zoning change to General Commercial to resume outdoor tire display. Outdoor display, the display of new merchandise for sale, is permitted in a General Commercial zone; but outdoor storage, the storage of used, discarded, damaged goods, requires a conditional use permit. The applicant has stated that only new tires will be shown, displayed on a rack. No used or discarded tires will be stored outside, and no displays will be left out overnight. Previous owners used the property for auto body repair and used car sales. Changed conditions: Staff analyzed the rezoning to identify conditions that have changed in the district or may have changed outside the district that directly or indirectly affect land use adjacency. This property, Planning & Zoning Commission September 8, 1999 Page 4 located on the south side of Fifth Street (Seymour Highway), was zoned RDD in 1985. Staff questions the needs or benefits to include the properties on the south side of Seymour Highway in the River Development Zone. a. Relationship to the Comprehensive Plan: Staff considered the effects of the land uses allowed under that proposed zoning district relative to conformance with the City's Comprehensive Plan. The Plan currently designates the lots Commercial, a land use category that is roughly equivalent to the General Commercial zoning district. The Land Use Plan does not differentiate between the River Development lands and General Commercial uses. Therefore, no amendment to the Comprehensive Plan is required. b. The nature and degree of impact upon nei hborin lands: This rezoning should produce minimal negative Impacts upon the surrounding properties. If this rezoning were approved, it would be in conformance with the Comprehensive Plan. Recommendation: Staff recommends approval of this request for rezoning to General Commercial. Outdoor storage is permitted only with a conditional use permit. Ms. Phillips made a motion to recommend approval of this rezoning case to City Council. Ms. Purtle seconded the motion. Seventeen surrounding property owners were notified of this request. Three (3) or 17.65% replied in favor. None were opposed. Mr. Seese gave a brief history of zoning in Wichita Falls and the River Development District. He stated that if this zoning is approved it would be in conformance with the Comprehensive Plan. There was further discussion regarding the possibility of changing part of the RDD at a later date. The Commission approved this recommendation by a unanimous vote in favor. 4. Rezone from SF -1 to GC 118.72 acres out of the Thomas Toby Survey, A -309 Case R 99 -09 Applicant .................. ........................Richard Boyd, for Plum Creek Venturers and 4 Marie Partnership Requested Action .... .........................Rezone from Single Family -1 to General Commercial zoning Purpose ................... .........................Future Development Property ................... .........................918.72 acres out of the Thomas Toby Survey, A -309. The property is located in the northwest corner of Airport Drive and Central Freeway. Existing Land Use ..... ........................Vacant, zoned SF -1, HI Surrounding Land Uses & Zoning..... N: Cryovac, SF -1 E: Vacant, Diamond Shamrock, HI S: Wal -Mart, GC W: Vacant, SF -1 Analysis: This property, 118.72 acres, is located at in the northwest corner of Airport Drive and Central Freeway. South of here is the north Wal -Mart site. The majority of the site is currently zoned Single Family Residential (SF -1) with a 200 foot strip (approximately 7 acres) along 1 -44 zoned Heavy Industrial (HI.) Planning & Zoning Commission September 8, 1999 Page 5 Wal -Mart plans to construct a 183,645 square foot facility at the southwest corner of Airport Drive and 1 -44. Wal -Mart has 800 feet of frontage along Airport Drive with five out - parcels for additional development along 1-44. To the west, the Plum Lake Local Flood Protection Project occupies a considerable area on either side of Plum Creek, a. Changed conditions: Staff analyzed the rezoning to identify conditions that have changed in the district or may have changed outside the district that directly or indirectly affect land use adjacency. The planned Wal -Mart will establish a commercial character for its site and the surrounding vicinity. b. Relationship to the Comprehensive Plan: Staff considered the effects of the land uses allowed under that proposed zoning district relative to conformance with the City's Comprehensive Plan. The Plan currently designates this tract as Single Family -1. This zoning was established when the area was annexed in 1997. c. The nature and degree of impact upon neighboring lands: Being primarily surrounded by vacant land, this rezoning should produce minimal negative impacts upon the surrounding properties. There is very little single family development in this area. If this rezoning were approved, an amendment to the Comprehensive Plan is required. Recommendation: Staff recommends approval of this request to rezone from Single Family to General Commercial. Staff also recommends rezoning the seven acres now zoned HI to General Commercial. Mr. Sons made a motion to recommend approval of this rezoning case to City Council. Mr. Wright seconded the motion. Fifteen surrounding property owners were notified of this request. Three (3) or 20.0% replied in favor and none (0) were opposed. Mr. Seese reminded the Commission that a motion is required to amend the Comprehensive Plan with this rezoning. Mr. Richard Boyd, representative for the two owners of this property, explained that this property was annexed as Single Family -1 and for development reasons, it should be rezoned to General Commercial. Mr. Birck commented that this seems like a reasonable request. The Commission voted unanimously in favor of this request. Mr. Wright made a motion to recommend approval of the Comprehensive Plan to City Council. Mr. Sons seconded the motion. The recommendation passed with a unanimous vote in favor. 5. Approval of a Farmer's Market 101 East Hatton Road Case C 99 -27 Applicant .................... .......................Patricia Morath, President, Red River Farmers Market Planning & Zoning Commission September 8, 1999 Page 6 Requested Action ......... ....................Conditional Use Permit Purpose ............... .............................To construct a 40 x 80 farmers market Property ................ ............................101 East Hatton Road Existing Land Use .... .........................Liquor store and paved parking Surrounding Land Uses & Zoning..... N: Convenience Store, GC E: Insurance office, GC S: Vacant land, GC W: Henry S. Grace Freeway, GC Analysis: This property is located at the southeast corner of East Hatton Road and Henry S. Grace Freeway. The applicant began operating a farmers market behind the existing liquor store in June. In July, she was cited for operating without a permit. Since farmers markets are not listed as a use in the zoning ordinance, staff classified the operation as being similar to a flea market. Staff determined that a conditional use permit was required. The applicant's site plan shows a 4,000 square foot roofed structure for the sales of produce. The sides of the structure are open, and farmer's vehicles back up to the market to display their vegetables. Staff determined that one parking space per 300 square foot would be appropriate for this use. Based on that ratio, 13 parking spaces are required. There is room for 13 spaces along the east side of the lot. Since the application was made under the old parking ordinance, paving is not required. Wheel stops will be required marking each space. The existing paved handicap parking space adjacent to the liquor store will be will be used to provide access. A paved sidewalk will provide a smooth surface from the parking space to the market. Sidewalks exist along each street frontage. Two landscaping trees will be required for landscaping to meet requirements. All other health and building code requirements, including restroom facilities shall be met. Recommendation: Staff recommends approval of this request with the following condition: 1. All City Code requirements shall be met. 2. Any change in use will require reconsideration of the Conditional Use Permit by the Commission. Four surrounding property owners were notified of this request. No responses were received. Mr. Seese commented that the Zoning Ordinance does not specifically address a farmers market. The closest type of business would be a flea market because farmers markets tend to offer items other than food for sale. The business was cited for not operating with a permit. Mr. Richardson asked if the farmers market in the K -Mart parking lot was also cited. Mr.Seese stated he did not know the status of that market. Ms. Purtle asked if paved parking was required. Mr. Seese confirmed that it was. There was discussion regarding grandfathering the paved parking. Mr. Seese stressed that the parking for the liquor store could not be shared with the market. Mr. Seese confirmed that paved parking would not be required because the market made application prior to the ordinance going into effect. The application was approved with a unanimous vote in favor Planning & Zoning Commission September 8, 1999 Page 7 6. Carport 1703 Longview Case C 99 -28 Twenty -three surrounding property owners were notified of this request. Six (6) or 26.09% replied in favor and none (0) were opposed. Mr. Birck made a motion to approve this carport request. Mr. Wright seconded the motion. There was some discussion between the Commission members and staff regarding the aesthetics of carports and property values. Mr. Clark stressed that this Commission should consider appearance and conformance with the surrounding houses when making their decisions. Mr. Randy Robertson, applicant, described the materials to be used in building the carport. The carport was approved with a unanimous vote in favor. 7. Carport 4318 Hillsboro Case C 99 -29 Twenty -six surrounding property owners were notified of this request. One (1) or 3.85% replied in favor and four (4) or 15.38% were opposed. Mr. Berg made a motion to approve this carport. Mr. Wright seconded the motion. The applicant, Mr. Robert Vaughn, explained reasons for requesting the carport. Mr. Seese noted that because the site plan had some discrepancies and the applicant is considering another company to build the carport, he assured the Commission that the carport would conform to all ordinances. The carport was approved with a unanimous vote in favor. 8. Manufactured Home 1221 30'h Street Case C 99 -30 Applicant ..................... ......................Catherine Ramos Requested Action ......... ....................Conditional Use Permit Purpose ......................... ...................Manufactured Home Property ................. ...........................9221 30th Street, zoned General Commercial Existing Land Use ............................. Vacant, zoned GC Surrounding Land Uses & Zoning..... N: Contractors Yard, GC E: Vacant, Residences, GC S: Mills Motors, Warehouse, GC Planning & Zoning Commission September 8, 1999 Page 8 W: Residences, Metal Building, GC Analysis: This property is located on the south side of 30" Street, east of Travis. The site is vacant, zoned General Commercial. To the south of this tract are auto sales and a warehouse building. The general area consists of vacant lots, residences and outdoor storage. The Planning Division prepared the site plan for this request. It shows a 27 x 40 foot, three bedroom, manufactured home centered on the lot at the 25 -foot building limit line. Staff feels that this manufactured home will be compatible with the surrounding neighborhood. Recommendation: Staff recommends approval of this request with the following condition: 1. The under - skirting of the mobile home shall be enclosed with a brick exterior. 2. The home shall be new, and according to the elevations and floor plans included herein. Nineteen surrounding property owners were notified of this request. One (1) or 5.26% replied in favor and none (0) were opposed. Mr. Wright made a motion to approve this case. Mr. Sons seconded the motion. The applicant, Ms. Catherine Ramos, stated she owns three adjoining lots and this home would be placed in the middle lot. She also confirmed that the floor plan was the exact home she had purchased. Mr. Sons commented that this home would be good use for this space. Mr. Wright stated it would be a nice addition to the neighborhood. The mobile home request was approved with a unanimous vote in favor. 9. Professional Office Building in GC(c) 2200 Kell Blvd. Case C 99 -32 Applicant ................ ...........................Bill McGregor Requested Action ......... ....................Conditional Use Permit Purpose ......................... ...................Professional Office Property ................ ...........................2200 Kell Blvd., zoned Conditioned General Commercial Existing Land Use ..... ........................Vacant, zoned GCC Surrounding Land Uses & Zoning..... N: Residence, LC E: Vacant, LC S: Kell Blvd, LC W: Residences, LC Analysis: This property is located on the southwest corner of Monroe and Kell Blvd. The property is vacant, zoned Conditioned General Commercial. The tract was rezoned from Limited Commercial to Conditioned General Commercial in 1996, when a mini - storage warehouse was proposed. The conditioned district is similar to Limited Commercial zoning and requires a conditional use permit for offices over 1200 square feet. Planning & Zoning Commission September 8,1999 Page 9 The applicant's site plan shows a 7,000 square foot professional office with 47 parking spaces. With the number of proposed parking spaces proposed, the office could be used for medical as well as non - medical office uses. The site plan has a minimum of detail, and does not show the required landscaping. Access will be taken from Kell, reducing the impacts on surrounding residences. Being on a State maintained highway, any driveways will require the approval of the TxDOT. LC zoning surrounds the site on all sides. Staff feels that this office use will be compatible with the surrounding neighborhood. Recommendation: Staff recommends approval of this request with the following condition: 1. An approved site plan will be required prior to obtaining a building permit. Ms. Phillips made a motion to approve this request for an office building. Mr. Wright seconded the motion. Eighteen surrounding property owners were notified of this request. Four (4) or 22.22% replied in favor and none (0) were opposed. Mr. Bill McGregor, applicant, stated that this is the proposed Remax location with construction starting in October or November. He hopes this construction will start a trend for utilizing the area between Kemp and the Expressway. He continued by stating the building would have 7,000 square feet and part of it would be leased out. The request was passed with a unanimous vote in favor VI. OTHER BUSINESS 1. City Council Update a. Rezoning 2206 Brook b. Appealing the Denial of a Carport at 1400 Redbud Lane Mr. Clark reported that Council approved the rezoning on Brook Avenue as well as the carport onRedbud Lane. Comments were made by the Council that possibly the carport ordinance should be reviewed again. 2. Discussion of Items of Concern to Members of the P&Z Commission Chairman Rhone commented that the "For Sale by Owner' car lot on Callfield Road appears to be a good addition to that neighborhood. It is very well maintained. There was discussion regarding having a workshop to discuss General Commercial zoning, carport ordinance revision, screening and outdoor storage revision, Brook Avenue zoning, and possible changes to River Development District. Mr. Seese updated the Commission on the Wilson House. He stated the Church has provided a historical account of the property. Police reports over the last couple of years have also been obtained. Mr.Seese stated the architect is working on a new site plan. The property owners have sued for an injunction against the Church. An official hearing is scheduled for November 22nd. Mr. Seese stated there has not been a meeting between the Church, neighbors, and City staff. Planning & Zoning Commission September 8, 1999 Page 10 Mr. Clark introduced Karen Montgomery, the newly hired Planner III. The Commission welcomed her. Mr. Seese stated there is no ordinance amendment concerning appearance of a carport. This is an administrative function in which we can ask the applicant to submit a drawing or picture. VII. ADJOURN The meeting adjourned at 3:20 p.m. uavla Knone, cnairman ATTEST: �l David A. Clark, Community Development Director Planning & Zoning Commission September 8, 1999 Page 11 I I A',/99 Date Date