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Planning and Zoning Commission Minutes - 12/08/1999MINUTES PLANNING & ZONING COMMISSION December 8, 1999 PRESENT: David Rhone, Chairman . Members Cliff Berg Lou Ann Phillips Lin Purtle Danny Richardson • Rusty Sons • Greg Wright • Bruce Harris . Alternate 1 Ken Birck • Alternate #2 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 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 Mr. Berg made a motion to approve the minutes of the November 10, 1999 meeting. Mr. Wright seconded the motion. The minutes were approved with a unanimous vote. IV. CONSENT AGENDA 1. Preliminary Plats • Provide utility and drainage easements as required by utility companies and the Director of Public Works. Planning & Zoning Commission December 8, 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. Public Hearing on Preliminary Plats: Recommend approval subject to standard conditions and any specific conditions listed below: 1. Swan Addition, Preliminary Lots 1 -3, Block 1 (Dec 99) a. Extend water to serve Lot 3. (PUBLIC WORKS) b. Extend sanitary sewer to serve Lot 1. (PUBLIC WORKS) c. Provide stormwater detention. (PUBLIC WORKS) d. Lots 1 and 2 are served by water. (PUBLIC WORKS) e. Lots 2 and 3 are served by sanitary sewer. (PUBLIC WORKS) f. Provide letter from TxDOT on private access easement location. (PUBLIC WORKS) g. Traffic Dept. has concern with the curb cuts in relation to the bridge and right turn traffic. (Contact John Burrus at 761 -7643, TRAFFIC) h. TXU needs easement for a primary line or the cost to remove the line. (TXU) 2. Final Plats ♦ 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. Public Hearing on Final Plats: Recommend approval subject to standard conditions and any specific conditions listed below: 1. Burlington Call Field Industrial District, Lot 1 -E, Block 6 (Dec. 99) a. Lot is served by water and sewer. (PUBLIC WORKS) b. Ten foot utility easement shown as vacated may not be vacated. There is an existing sanitary sewer line serving Lot 1 -C in this easement. (PUBLIC WORKS) C. Provide stormwater detention. (PUBLIC WORKS) 2. Lipscomb Subdivision, Lot 1 -B & Lot 1 -C, Block 1 (Dec. 99) a. Provide signed copy. Planning & Zoning Commission December 8, 1999 Page 2 b. Lots are served by water. (PUBLIC WORKS) C. Lot 1 -C is served by sanitary sewer. (PUBLIC WORKS) d. Extend sanitary sewer to serve Lot 1 -B. (PUBLIC WORKS) e. Provide stormwater detention. (PUBLIC WORKS) f. Meet curb and gutter requirements. (PUBLIC WORKS) 3. Swan Addition, Lots 1 -3, Block 1 (Dec 99) a. Provide fee. Payment received did not cover preliminary and final plat. b. Provide signed copy. C. Extend water to serve Lot 3. (PUBLIC WORKS) d. Extend sanitary sewer to serve Lot 1. (PUBLIC WORKS) e. Provide stormwater detention. (PUBLIC WORKS) f. Lots 1 and 2 are served by water. (PUBLIC WORKS) g. Lots 2 and 3 are served by sanitary sewer. (PUBLIC WORKS) h. TXU needs easement for a primary line or the cost to remove the line. (TXU) i. Provide letter from TxDOT on private access easement location. (PUBLIC WORKS) Mr. Wright made a motion to approve the Consent Agenda. Ms. Purtle seconded the motion. The Consent Agenda was approved with a unanimous vote in favor. V. REGULAR AGENDA 1. Rezone from SF -2 to GC 2123 Broad Street Case R 99 -14 Applicant ................. ...........................Joan Riddles Requested Action ...... .........................Rezone from Single Family to General Commercial zoning. Purpose ................. .............................To conform to adjacent zoning Property ................... ...........................2123 Broad, Lot 15, Block 8, Sibley Taylor Existing Land Use .......... ....................Top -O -Texas Termites Surrounding Land Use & Zoning....... N: Vacant, residence, GC S: Residence, Fletchers Sales, GC E: Central Freeway East, GC W: Church, SF -2 Analysis: The subject property is located on the west side of Central Freeway East. It is a double frontage lot, backing up to Broad Street on the west. This 50 x 140 -foot lot contains an existing exterminating business: Top-0-Texas Termites. The building and parking on the site are oriented towards the freeway. To the south of the site are a residence and a trailer sales lot. The trailer sales lot, Fletcher's Equipment, at 2125, 2127, 2129, 2131 & 2133 Broad Street, was rezoned from Single Family to General Commercial in December 1998. To the west the Calvary Assembly of God Church at 2124 Broad Street was granted a conditional use permit to construct additional buildings on their site in December 1997. The subject property is the only remaining lot zoned Single Family along theeast side of Broad Street. The applicant is requesting rezoning so that this lot, with an existing business, will conform to the adjacent General Commercial zoning. 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 Planning & Zoning Commission December 8, 1999 Page 3 land use adjacency. As stated above, past rezonings have left this lot the only Single Family lot on this block. If this lot were rezoned, it would be in conformance with the zoning on either side of this property. 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 Commercial. C. The nature and degree of impact upon neighboring lands: This property is adjacent to existing commercial zoning and the lot fronts on Central Freeway. This rezoning will not increase commercial traffic into the neighborhood above what the current zoning will allow Recommendation: Staff recommends approval of this rezoning. Mr. Berg made a motion to recommend approval of this rezoning request to City Council. Mr. Sons seconded the motion. Twenty surrounding property owners were notified of this request. One (1) replied in favor and none (0) were opposed. The motion passed with a unanimous vote. 2. Rezone from SF -2 to GC 3119 Windthorst Road Case R 99 -15 Applicant ................... .........................Donald Lee Melton Requested Action ...... .........................Rezone from Single Family -1 to General Commercial Purpose ........................ ......................Expansion of existing business Property ................... ...........................3119 Old Windthorst Road Existing Land Use ...... ........................Outdoor Storage of Vehicles and Trailers Surrounding Land Use & Zoning .......N: Residences, Donny's Body Shop, Auto Salvage, SF -1 S: Manufactured Home, SF -1 E: Vacant Land, GC W: Old Windthorst Road, SF -1 Analysis: The property owner is requesting to rezone a ten acre tract of land from Single Family -1 (SF -1) to General Commercial (GC). This area was annexed into the City in 1989 and is zoned SF -1. The property was being used for outdoor storage of automobiles and trailers prior to annexation. The applicant has stated that these vehicles are simply stored on the property but are not salvaged. The owner now wishes to expand his operation by constructing a building to house impounded automobiles which will require protection from the elements. This would be considered an expansion of a non - conforming use which is not permitted in a single family zoning district. Therefore, the applicant is requesting a rezoning to allow for such an expansion. To the north of this property are two commercial establishments, auto body repair and auto salvage, which are considered to be legal non - conforming uses. Planning & Zoning Commission December 8, 1999 Page 4 If rezoned to GC, any expansion of the existing outdoor storage areas will require a Conditional Use Permit. An amendment to the Land Use Plan is also required. Recommendation: Staff recommends approval of this request. Mr. Sons made a motion to recommend approval of this rezoning request to City Council. Mr. Harris seconded the motion. Eight surrounding property owners were notified of this request. No replies were received. The applicant was present but did not wish to address the Commission. The motion passed with a unanimous vote. 3. Carport 507 Jefferson Street Case C 99-41 Applicant ...... ..........................Jesse Williams Requested Action ...................Conditional Use Permit Purpose ......... .........................Carport in front setback Property Address ...................507 Jefferson St. Legal Description ...................East 60' of Lots 13 & 14, Block. 36, Original Townsite Analysis: Carport size ............................19' x 28' Distance to side property line 3' Distance to front property linel' All- weather alley access ........No Space on side for a carport .... No Other carports in area ............ There are 0 properties within 200 feet that have a carport within the 25 foot setback area. Note to applicant: If approved, a building permit will be required. Mr. Wright made a motion to approve this carport request. Mr. Harris seconded the motion. Nineteen surrounding property owners were notified of this request. One (1) replied in favor and none (0) were opposed. The carport was approved with a unanimous vote. VI. OTHER BUSINESS 1. Review of Conditional Use Permit for Neon Spur 202 North Burnett Mr. Seese presented copies of the original site plan to the Commission members. Then, he reviewed the plans for constructing the sound wall. A four - minute segment of the video of the Planning & Zoning Commission December 8, 1999 Page 5 July 14, 1999 Panning & Zoning meeting was played. Mr. Seese presented a copy of a site plan faxed to Chairman Rhone prior to the meeting showing revisions to the wall. A new privacy fence would be installed among other changes. Mr. Seese explained the proposed wall limits by displaying a map on the teleprompter. Mr. Seese stated that the Spur owners are proposing to not extend the wall to the furthest point because they now own adjoining residential properties. He further commented that there are residential uses beyond those owned by the Spur which should be considered. Chairman Rhone asked if the applicant would like to make a presentation; no one was present from the Neon Spur or representing them. Ms. Purtle asked if there had been more complaints from the Spur's neighbors. Mr. Seese replied that he had not checked the police reports. Mr. Harris inquired about the purpose of the wall if it did not turn to the south. Mr.Seese replied that it was a tall fence and not considered to be a sound wall since it is not in conformance with the architectural design. Mr. Berg asked if the Planning office had been in contact with the owners. Mr.Seese replied one of the partners attempted to contact him but he has not heard directly from him. Mr. Berg asked if he knew why there had been a delay. Mr. Seese stated he had not heard anything regarding the delay. Chairman Rhone stated that he had been in contact with the applicants and they asked him to relay that they were trying to secure the adjoining property because this would affect the design of the wall. He stated they plan to continue the wall, not turning it. Chairman Rhone stated he spoke with Mr. Woods about the aesthetics of thefence which had been a concern to the Commission as well as other citizens. Mr. Woods commented that the wooden planks tied into the barbecue motif. Chairman Rhone stated that this fence has become a time issue and not an aesthetic one. He summarized the events and the Commission meeting results leading up to this meeting. He stated that the issue today is to determine if the alternate site plan should be accepted. If so, then the Spur would have until the January meeting to finish the wall. If not acceptable, then the Commission would need to revoke their permit. Mr. Sons stated he approved this project because it was a good use of the properties but now he feels the Commission is being "strung along." Since July there has been very little progress and he is leery of giving them more time. Chairman Rhone stated that "we are not up here trying to shut the Neon Spur down," but want them to comply with the conditions set by this Commission. Mr. Harris stated that this (revocation) would prohibit outdoor entertainment, but not serving food and drinks. Mr. Richardson stated the wall was designed to enhance the sound to the listeners with staggered faces and the angle as well as block the sound from the residential area. He stated that it appears they just have a wall now. Mr. Berg noted that correspondence has only been one sided, there is no representation at this meeting, and no legitimate reason for the delay has been presented. He then stated there was no grounds for voting against the revocation. Planning & Zoning Commission December 8, 1999 Page 6 Mr. Richardson reminded the Commission that the original plan was to have acoustical music for outdoor entertainment. From there, the Spur seemed to move beyond what was agreed upon. Ms. Phillips asked if the permit were revoked today, what the earliest date would be to reapply. Mr. Seese responded January 12, 2000. He also suggested the applicant might have the architect review the plans for the wall. Mr. Wright stated that he felt the issue is timeworn and a decision should be made today. Mr. Harris stated he agrees with Mr. Sons regarding the time delay and would like to see a deadline be given. Chairman Rhone stated that Mr. Woods had previously told him that the wall could be completed by December 20th. He expressed disappointment that no one from the Spur was present. Mr. Seese reminded the Commission that the revised site plan shows there is no intent the wall would turn southward. There was discussion about the direction of the wall and whether to allow extra time for its completion. Mr. Harris commented that there hand should be forced to get the wall completed. Ms. Phillips made a motion to revoke the Conditional Use Permit for outdoor entertainment at the Neon Spur. Mr. Sons seconded. The revocation procedure was discussed after Mr. Seese explained that a letter would be sent to either complete or remove the wall within ten days. The vote was unanimous in favor of the revocation. 2. Review and Recommendation of Changes to the Manufactured Home Ordinance Mr. Seese reviewed the changes with the Commission. Two changes were suggested, discussed and agreed upon: 1) To change Section 5610, Subsection A. Item 4. to read "... pitch of the main roof of the housing shall not be less than 3/12." 2) To change Section 5610, Subsection A., Item 5. to read "...housing unit shall have covered front or dormer entry(ies). . ." Mr. Wright made a motion to recommend approval to City Council of the changes to the Manufactured Home Ordinance. Ms. Purtle seconded the motion. The motion passed with a unanimous vote in favor. 3. Public Comments Mr. John Ward, 5926 Northwest Freeway, stated he wanted to develop an overnight recreational vehicle park for overnight or extended temporary visits within a certain time frame, such as military 90 -day TDY. Mr. Seese stated that such parks are allowed only in RDD. The current and the new Manufactured Home Ordinance states that 25% of the park can be used for recreational vehicles. Mr. Seese informed the Commission that there would be Public Works' concerns such as availability of water and sewer, constructing curbs and gutters, and road extension(s) as well as zoning district changes. Mr. Ward also commented that there are visible parks in Bowie and Vernon but none in Wichita Falls. Mr. Sons agreed with Mr. Ward about the need. Mr. Harris asked what the procedure would be. Mr. Seese responded that he would provide a report on this matter at the January meeting. Planning & Zoning Commission December 8, 1999 Page 7 4. City Council Update a. Rezone of Lake Wellington property b. Rezone of Fountain Park property Mr. Clark stated that both rezoning requests were approved by City Council. VII. ADJOURN The meeting adjourned at 3:35 p.m. David Rhone, Chairman ATTEST: Date , lanning Administrator D to Planning & Zoning Commission December 8, 1999 Page 8