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Planning and Zoning Commission Minutes - 10/13/1999PRESENT: David Rhone, Chairman Cliff Berg Lou Ann Phillips Rusty Sons Greg Wright Ken Birck Bruce Harris Johnny Burns MINUTES PLANNING & ZONING COMMISSION �- _ ____- October 13, 1999 David A. Clark, Director of Community Development Steve Seese, Planning Administrator Paul Stillson, Planner II Diane Parker, Recording Secretary ABSENT: Lin Purtle Danny Richardson Earl Rooks Randy Wachsman I. CALL TO ORDER The meeting was called to order by Chairman Rhone at 2:00 p.m. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. APPROVAL OF MINUTES . Members • Alternate #2 • Alternate #1 . Council Liaison Staff . Members Mr. Harris made a motion to approve the minutes of the September 8, 1999 meeting. Mr. Sons seconded the motion. The minutes were approved with a unanimous vote. IV. CONSENT AGENDA Public Hearing on Preliminary Plats Provide utility and drainage easements as required by utility companies and the Director of Public Works. Planning & Zoning Commission October 13, 1999 Page 1 • 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 and provide utility easements as required by the Director of Traffic and Transportation. • 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. 1. T -Bird Addition Preliminary (Oct. `99) a. Provide volume and page for 25 -foot access easement. Label 25 -foot easement "private." b. Extend water and sewer to serve all lots. (PUBLIC WORKS) C. Provide stormwater detention. (PUBLIC WORKS) d. Meet curb and gutter requirements. (PUBLIC WORKS) e. Have developer call for line spots before any earth work begins. (TRAFFIC CONTROL) Public Hearing on Final Plats Recommend approval subject to standard conditions and any specific conditions listed below: • Provide utility and drainage easements as required by utility companies and the 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 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: 1. AMSCO Addition, Lot 1, Block 1 (Oct. `99) a. Show 25 -foot building limit line. b. Change date of plat to "September 1999." C. Label FM 369 as "previously dedicated." d. Label purpose of "state easement" being, drainage, right -of -way, etc. e. Extend water to serve lot. (PUBLIC WORKS) f. Must be served by an approved sewerage system. (PUBLIC WORKS) g. Meet curb and gutter requirements. (PUBLIC WORKS) h. Provide stormwater detention. (PUBLIC WORKS) 2. T -Bird Addition, Lot 1, Block 1 (Oct. `99) a. Provide utility slips. b. Provide volume and page for 25 -foot access easement. Label 25 -foot easement "private." C. Extend sewer to serve lot. (PUBLIC WORKS) Planning & Zoning Commission October 13, 1999 Page 2 d. Extend water to serve lot. (PUBLIC WORKS) e. Meet stormwater detention criteria. (PUBLIC WORKS) f. Meet curb and gutter requirement. (PUBLIC WORKS) Ms. Phillips made a motion to approve the Consent Agenda. Mr. Berg seconded the motion. The Consent Agenda passed with a unanimous vote in favor. V. REGULAR AGENDA 1. Rezoning Single Family -2 to General Commercial (Conditioned) 25.95 Acres out of Block 6, J. A. Kemp's Subdivision of William Mayer Survey A -193 Case R 99 -10 Applicant .............. .............................W. E. Anderson, for Michna Venture Requested Action .... .........................Rezone from Single Family -2 to General Commercial Conditioned zoning. Purpose .................... ........................Offices and Light Commercial Property ................. ...........................5715 Seymour Highway, 25.95 Acres out of Block 6, J. A. Kemp's Subdivision of William Mayer Survey A -193 Existing Land Use .......... ...................Agricultural zoned Single Family -2 Surrounding Land Use & Zoning....... N: Seymour Highway, Residences, SF -2 S: Vacant, GC(c) E: Evangle Temple, Commercial, HC & SF -2 W: Construction Yard, HC Analysis: This property is located northwest of the Evangel Temple and south of Seymour Highway. Included in the request is a portion of Michna Estates, an addition that was platted in 1957 but never developed. Water and sewer are available on Seymour Highway but utilities were not extended into the interior of the subdivision. Only a few residences were built in this subdivision on the lots that have Seymour Highway frontage. Southeast of here is the Evangel Temple. The church property was rezoned from Single Family to Multifamily Residential in 1985. In March 12, 1997, 14.74 acres were rezoned from Single Family -2 to General Commercial Conditioned zoning south of here. The applicants also own that property The applicants propose a conditioned zoning for this 25.95 acres tract. Their list of uses proposed for this conditioned district follows. They have attempted to tailor the district in a way that is compatible with the existing residences. 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. Recent construction in the surrounding area, along Barnett Road, and Seymour Highway have established a trend towards non - residential development in this general area. 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 low density residential. This zoning was established when the area was originally zoned in 1985. An amendment to the comprehensive plan is required. Planning & Zoning Commission October 13, 1999 Page 3 c. The nature and degree of impact upon neighboring lands: Being primarily surrounded by vacant land, residences and non - residential development, the proposed conditioned zoning seeks to eliminate uses that would be incompatible with the surrounding properties. There is very little single family development in this area. If this rezoning were approved, an amendment to the Comprehensive Plan would be required. Recommendation: Staff recommends approval of this rezoning. GENERAL COMMERCIAL ZONING DISTRICT (GC) The following uses are permitted without any further review by the Planning and Zoning Commission. For additional regulations or definitions, contact the Planning Division. Dwelling, Duplex, Two - Family Dwelling, Single - Family Detached Group Home Personal Care Home Condominium, Residential Dwelling, Multifamily Dwelling, Zero Lot -Line, Single - Family Townhouse Gametwy College and University Convalescent Service Day Care Center, Limited and Commercial Library, Public Parks Public Safety Service Religious Assembly Residential Care Facility School, Primary and Secondary Utility Service Art Gallery and Museum Gur. Std Business and Trade School G2; Warh Clinic Cola Funeral Home Hospital Hotel Indoor Sports and Recreation k4eeet Medical Office Motel Office Oil Drilling Parking facility Radio and TV Transmitting Tower Repair Services Restaurant Retail Trade Self Storage /Mini Warehouse Services Shopping Center Veterinary Services The following uses are permitted following approval by the Planning and Zoning Commission for a Conditional Use Permit: Planning & Zoning Commission October 13, 1999 Page 4 Mr. Seese asked the Commission to make two motions; one to amend the Comprehensive Plan and the second, to rezone. Twenty-two surrounding property owners were notified of this request. One (1) replied in favor and none (0) were opposed. Mr. Berg made a motion to recommend approval of this rezoning request to City Council. Mr. Sons seconded the motion. Mr. Jack Banner, 4245 Kemp, Suite 200, stated that he has had an interest in the property for 11 years. He felt that single family zoning was less viable than the proposed commercial usage. He asked the Commission for their consideration of this request. Mr. Berg agreed with Mr. Banner's comments. Mr. Birck stated that this request is consistent with the surrounding land uses. Mr. Harris made a motion to change the Comprehensive Plan from low density residential to commercial for this property. Mr. Berg seconded the motion. The motion passed with a unanimous vote in favor. The vote on the original motion, recommendation to City Council, passed with a unanimous vote in favor. 2. Rezoning from Single Family -2 to General Commercial 0.34 Acres out of the A. Dunlavy Survey A -603 Case R 99 -11 Applicant ................. ..........................Fritz Taylor & Lloyd Taylor III Requested Action .... .........................Rezone from Single Family -2 to General Commercial zoning. Purpose ............... .............................To be combined with existing lot fronting on the freeway, to provide additional access. Property ................. ...........................0.34 acres out of the A. Dunlavy Survey, A -60 Existing Land Use ............................. Vacant Surrounding Land Use & Zoning....... N: Lynwood Subdivision, SF -2 S: Vacant, GC E: Lynwood East Park, SF -2 W: Vacant Land, GC Analysis: The property is a 0.34 -acre portion of Lynwood East Park. This small parcel of land was separated from the rest of the park when Red Fox Road was extended through the south part of the park. Due to its small size and location, the property is unsuitable for park use. By referendum vote, the City has been authorized to sell the tract as excess property. The applicants plan to purchase this property and combine it with commercial property they own adjacent to the park. It would provide an alternate access to Red Fox and Maurine Street from their property fronting on the 1-44 service road. They are requesting rezoning to construct a commercial driveway. The 0.34 -acre tract serves an important drainage function with a concrete inlet structure on the site. The property slopes to the south, with a 10 -foot change in elevation from the north to south side of the lot. It is adjacent to an irrigation canal and the easement for the canal occupies the southern portion of the property. There is limited space for development on this lot. Planning & Zoning Commission October 13,1999 Page 5 The applicant has discussed the unique drainage and topographic features of this property with the Public Works Department. In order to construct a driveway on this site, improvements must be constructed to maintain the functionality of the drainage pattern on the property. C. 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 construction of Red Fox Road has diminished the utility of this property for park use. Because of topographic and drainage considerations, residential development is not practical. d. 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 low density residential. e. The nature and degree of impact upon neighboring lands: This property is on the border between residential and commercial zoning. Existing easements and drainage requirements limit the potential uses on this property. The applicants' only stated plans for the property are to construct a driveway. If this rezoning were approved, an amendment to the Comprehensive Plan would be required. Recommendation: Staff recommends approval of this rezoning. Ten surrounding property owners were notified of this request. One (1) or 36.21 % replied in favor and one (1) or 7.51 % was opposed. Mr. Harris made a motion to recommend approval of this rezoning request to City Council. Mr. Sons seconded the motion. The recommendation passed with a unanimous vote in favor. 3. Conditional Use Permit for Mobile Home 1705 Bacon Street Case C 99 -33 Applicant ............... ...........................Acie Spring Requested Action .......... ...................Conditional Use Permit Purpose................... .........................Mobile Home Property ................. ...........................9 705 Bacon Existing Land Use ............................. Vacant Surrounding Land Use & Zoning....... N: Mobile Home, RMU S: Mobile Home, RMU E: Vacant, RMU W: Vacant, Residence, RMU Analysis: There is an existing mobile home at 1703 Bacon, approved in 1992. Recently, the Building Inspection Department issued a building permit for what they understood was to be an addition to that mobile home. Later they discovered that the applicant had moved a second mobile home on that property, placing it adjacent to the existing home. Under the Zoning Ordinance, two mobile homes cannot be located on a Planning & Zoning Commission October 13, 1999 Page 6 single lot without being in a mobile home park or subdivision. To resolve this situation, the applicant is applying for approval to relocate the structure to 1705 Bacon, a vacant lot. The site plan shows a 12 x 46 (552 sq. ft.) mobile home placed at the 25 -foot building limit line. Staff has recommended in previous mobile and manufactured home installations that the under - skirting of the homes be enclosed with brick. This recommendation will enhance the appearance of the home on the site. The general area consists of mobile homes, residences, and many vacant lots. The board has approved two mobile homes on this street in the past. This mobile home will be compatible with the surrounding neighborhood. Note that this property is in the 100 -year floodplain. The lowest floor of this mobile home must be elevated to 944 MSL, which is one foot above the 100 -year floodplain elevation. An elevation certificate prepared by a licensed surveyor must be submitted to the Building Inspection Department prior to final approval of this project. Recommendation: Staff recommends approval of this request this manufactured home installed with full brick under - skirting. Thirteen surrounding property owners were notified of this request. One (1) or 7.6% replied in favor and none (0) were opposed. Mr. Harris made a motion to approve this request. Ms. Phillips seconded the motion Mr. Seese stated that the staff report should be amended to show this home is not compatible with the neighborhood and the applicant has placed a mobile home, not a manufactured home on the lot. He also stated that the mobile home was a substandard structure. Staff's recommendation for this case is denial. Ms. Acie Springs, applicant, stated she wanted the other trailer was to be used for storage not living purposes. She said she would have the windows replaced if required. The Commission and staff offered several alternatives to Ms. Springs. Mr. Seese stated that Building Inspections issued a permit for an addition to a mobile home; however, the permit was withdrawn when it was discovered that the addition was another mobile home. There cannot be two mobile homes on the same lot. He also stated that the home would be required to be moved. When asked if she could put the home on an adjacent vacant lot, Chairman Rhone stated he would vote against that because the mobile home needs too many repairs to bring it up to code and neighborhood compatibility. Ms. Springs asked if gas, electricity, and water service could remain disconnected because she was going to use the mobile home for storage. Mr. Seese stated she would be required to connect the utilities because this is a unit for habitation. It shall comply with the minimum housing standards, even if used for storage. It was also mentioned that she would be required to bring the home up to flood plain requirements and have it skirted with brick. Ms. Springs stated she was not willing to connect the utilities. The vote was none (0) in favor and seven (7) opposed. The request for the mobile home was denied. Planning & Zoning Commission October 13, 1999 Page 7 4. Carport 1509 Blonde Case C 99 -15 Mr. Harris made a motion to approve this carport request. Ms. Phillips seconded the motion. Twenty -five surrounding property owners were notified of this request. Seventeen (17) replied in favor and none (0) were opposed. Ms. Lydia Rodriquez, applicant, was present. The carport passed with a unanimous vote in favor. 5. Conditional Use Permit for Office, Warehouse and Light Machining Business in GC 1304 Twin Oaks Case C 99 -36 Applicant .................. .........................Thomas Long Jr. for the Brunel Corp. Requested Action ......... ....................Conditional Use Permit for light manufacturing. Purpose .................. ..........................Light machining and sales of imported clutch assemblies Property ................. ...........................1304 Twin Oaks Existing Land Use ............................. Warehouse and office Surrounding Land Use & Zoning....... N: Residences, SF -2 S: Field and Co. Plumbing Supplies, GC E: Vacant, GC W: ABC Roofing Corp., GC Analysis: This proposal was scheduled for a hearing in December 1998. Prior to the meeting, the applicant contacted the Planning Department and asked that the item be withdrawn. He now wishes to have the item considered by the board. Staff has renotified the neighborhood of this application. The applicant is seeking a Conditional Use Permit to locate his clutch importing and light machining business in this 10,000 sq. ft. building. The property faces Twin Oaks Street, and is in a prezoning warehousing and fabrication district. The north part of the district is zoned General Commercial; the south part, extending to Hatton Road, is zoned Heavy Commercial. This district is located on the edge of a residential area developed to the north of this lot. West of this lot is ABC roofing and farther west is the Swan Foods distribution warehouse. In order for staff to evaluate the possible impacts of this business, the applicant has provided a letter describing the operation. A copy of the letter is attached to these minutes as Attachment "A ". Based on the information provided, the impacts on the surrounding residences appear to be minimal. It will be the responsibility of the applicant to operate in a manner that will not cause adverse impacts on the neighboring residences. Recommendation: Staff recommends approval of this conditional use with the following conditions: Planning & Zoning Commission October 13, 1999 Page 8 1. The operation shall be conducted as described in the applicant's letter. 2. A six -foot tall wood privacy fence shall be constructed along the north and west property lines where existing fencing exists. 3. Landscaping shall be required along the property as required by Section 6800 of the Zoning Ordinance. 4. All lighting shall be directed away from residential areas and public right -of -way. Eighteen surrounding property owners were notified of this request. One (1) or 7.14% replied in favor and two (2) or 14.29% were opposed. Mr. Birck made a motion to approve this request. Mr. Sons seconded the motion. Mr. Seese discussed the opposition from the notification letters: unsightly outdoorstorage, increased noise, truck traffic, waste or chemicals on the property. He stated that this property has always had a commercial use on it. Staff felt that if the operation were conducted as the applicant outlined in his letter that the neighborhood would not have concerns because the use is not overly intense. He reviewed the four conditions of approval for this conditional use permit. Mr. Thomas Long, applicant, stated that hazardous waste materials or chemicals would not be used in his operation. He explained the worst material used is cleaning solvents which are carried away by professionals. Mr. Long commented that the type of equipment he has is small and therefore would be stored inside. To questioning Mr. Long responded that his operation was one shift, a family business. Deliveries are usually from UPS twice daily or motor freight during regular business hours. It was agreed by Mr. Long, staff, and the Commission to add to the conditions of approval: 1. No outdoor storage 2. No worked performed outdoors after 10:00 p.m. Mr. Birck asked about previous businesses in that location. Mr. Johnny Hampton, owner, replied that sporting goods were warehoused in the building. When asked about noise associated with light machining, Mr. Long responded that there should not be any loud hammering or clapping sounds. If there were to be loud noises for a procedure, he would build a sound - insulated structure. Ms. Phillips stated this appears to be a positive reuse for this building. The motion was amended to include all six conditions discussed by the Commission. The vote was unanimous in favor of granting the conditional use permit. 6. Carport 837 Elwood Street Case C -99 -37 Twenty -four surrounding property owners were notified of this request. Four (4) or 16.67% replied in favor and none (0) were opposed. Mr. Birck made a motion to approve this carport request. Ms. Phillips seconded the motion. Mr. Harris stated he would be in favor of this request. Planning & Zoning Commission October 13, 1999 Page 9 The vote was unanimous in favor of approval of the carport. VI. OTHER BUSINESS 1. Discussion and recommendation to the City Council concerning the following amendments to the Zoning Ordinance: a. Amend Section 3470 and 3480 of the Zoning Ordinance relating to the permitted and conditional uses in a General Commercial zoning district. Mr. Seese explained to the Commission that this item would be discussed at the October 27, 1999 workshop. b. Amend Section 4220 (1) relating to the requirements for approval of a carport. Mr. Seese began a discussion to again consider a change to the wording regarding rear access determination and subsequent action regarding carports in the front yard. Councilor Burns stated that when he was elected, he asked Mr. Clark and Mr. Seese if the carport ordinance could be presented to Council for changes. Mr. Berg stated that the Commission is at a disadvantage and the only recourse a citizen has is to appeal to Council. Councilor Burns stated that this Commission was capable of making rulings on carports without Council's ultimate decision. He believes the final say on carports should be with this Commission, he supports the changes in the ordinance and will urge other Councilor members to vote accordingly. A motion to recommend to City Council to resurrect the carport ordinance for the removal of the language ( "shall first determine that all- weather vehicular access to the rear yard is not reasonably possible and that there is not enough room on the side of the house to construct a carport") was made and seconded. The vote was unanimous in favor of this recommendation. 2. City Council Update a. Rezoning 118.72 Acres out of Thomas Toby Survey A -309 from SF to GC. b. Rezoning 1701 & 1703 Fifth Street from RDD to GC. c. Changing expiration date of Commission members' terms to December 31 ". Mr. Clark stated that the two rezoning were granted by City Council. He also stated that a sub - committee was formed to organize the City boards and commissions. One of their projects was to have uniform expiration dates. 3. Discussion of Items of Concern to Members of the P&Z Commission Mr. Birck gave a brief report of his opinions of carports as a realtor. He suggested carports be built symmetrical to the house because it will match the house, there will be less leaks, and there would be less wood rot. Mr. Seese stated that Mr. Birck's comments are valid and should be considered. VII. ADJOURN The meeting adjourned at 3:03 p.m. Planning & Zoning Commission October 13, 1999 Page 10 David ATTEST: Steve Chairman Date City Planning Administrator Date D" Planning & Zoning Commission October 13, 1999 Page 11 ATTACHMENT "A" BRUNEL coRPoRaroN 2201 HARRISON • WICHITA FALLS, TEXAS 76308 September 17, 1999 Plannin_= & Zoning Commission Department of Community Development Wichita Falls. TX 76307 Attn: Paul Stillson Ref: Request for Conditional Use Permit 1304 Twin Oaks Wichita Falls, TX 76302 ANALYSIS OF PROPOSED USE OF SITE Brunel Corporation is seeking a Conditional Use Permit to locate our clutch importing and light machining business in this 10,000 sq ft building. We import from England and distribute thruout North America a line of torque limiting clutches. The clutches are made from steel and stainless steel. Our facility is primarily a sales and design engineering office with all sales activity by telephone; a warehouse for receiving, storing and shipping the clutches; a shop for simple machining and for disassembly and reassembly of clutches as required by design. Most units are disassembled to be bored/machined to a specified bore size and re- assembled prior to shipping. We would like to do more of the required machining and boring of these units on site as well as build some of the units in total. Our largest customer has made it known that they would like to purchase only U.S.A. made torque limiters. This would require the purchase of CNC equipment. We primarily use UPS for receiving and shipping packages up to 150 lbs and Central Freight Lines for goods over 150 lbs. There would be no need for any traffic increase on any residential roads as all trucking would enter and exit from Hatton Road to the entrance on Twin Oaks. We presently have 4 I/3 employees working normal business hours who each drive a vehicle to work. We would air - condition a portion of the present "warehouse" thereby making it unnecessary to have any doors open to emit any possible noise. We would have no business activity or storage outside the building. Our business does not produce any odors, nor do we store any hazardous waste. We will maintain the grounds and the building to a high standard. homas F. Loner0 , Jr. President TELEPHONE: (940) 723 -7840 TELEFAX: (940) 723 -7888 Planning & Zoning Commission October 13, 1999 Page 12 email: brunel0brunelcorp.com INTERNET: brunelcorp.com