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Planning and Zoning Commission Minutes - 08/12/1998MINUTES PLANNING & ZONING COMMISSION August 12, 1998 PRESENT: Joe Johnson, Chairman ♦ Members W. O. Franklin Marie Morgan • David Rhone Earl Rooks Randy Wachsman • Greg Wright Cliff Berg ♦ Alternate #1 Johnny Bums ♦ Council Liaison David A. Clark, Director of Community Development ♦ City staff Steve Seese, Planning Administrator Paul Stillson, Planner II Marty Odom, Planner I Diane Parker, Recording Secretary • ABSENT: Lin Purtle ♦ Members Danny Richardson Ernie Vicars ♦ Alternate #2 I. CALL TO ORDER The meeting was called to order by Chairman Johnson at 2:00 p.m. Ms. Linda Merrill swore in all the members of the Planning & Zoning Commission. Chairman Johnson introduced the Council liaison, Mr. Johnny Burns. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 / AGENDA ITEM No. 8.13 III. APPROVAL OF MINUTES Mr. Rhone made a motion to approve the July 8, 1998 minutes. Ms. Morgan seconded the motion. The motion passed with a unanimous vote. IV. CONSENT AGENDA STANDARD CONDITIONS OF APPROVAL FOR FINAL PLATS AND REPLATS: 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. Public Hearing on Final Plats: Recommend approval subject to standard conditions and any specific conditions listed below: a. Highland Addition, Block 119, Lots 3 & 4 (August 1998) 1. Provide signed copy. 2. Remove herein dedicated from building limit lines. 3. Lot is currently served by water. (PW /ENGR) 4 Extend sanitary sewer to serve Lots 3 & 4. (PW /ENGR) 5, Detention required. (PW /ENGR) The consent agenda was passed with a unanimous vote (there was no motion or second). V. REGULAR AGENDA Chairman Johnson commented that Case R 98 -17 has had Tract B withdrawn by the applicant. 1. Vacation of Plat Marlborough Addition, Block 2 -A, Lots 1 -A & 1 -13 3301 Milby 1. The property owners are requesting the vacation of their plat dividing a single lot into two lots. The reason for this request is that they no longer desire to develop the property as two lots. When this document is approved and filed, the property will revert to a single lot. 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. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 (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 Planning staff has no objections to this request. Mr. Seese stated this lot has not been developed and the owners agree to the vacation. Mr. Franklin made a motion to approve the plat vacation. Mr. Rhone seconded the motion. The motion was approved with a unanimous vote. 2. Vacation of Plat J. P. Boyd and R. M. Moore Subdivision, Lot 13 -A Ninth Street The property owners are requesting the vacation of their plat replatting these three lots into one. When this document is approved and filed, the property will revert to three individual lots. The plat was filed for a possible commercial development which did not occur. 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. Ms. Morgan made a motion to approve this request. Mr. Franklin seconded the motion. The Planning staff has no objections to this request. The motion was approved with a unanimous vote. 3. Case C 98 -28 Carport in the Front Setback 4619 Summit Drive Mr. Rooks made a motion to approve the carport; Ms. Morgan seconded. Twenty -six surrounding property owners were notified of this request. Three (3) or 11.54% replied in favor and four (4) or 15.38% were opposed. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 W1 The applicant, Mr. Virgil A. Howerton, addressed the Commission and asked for approval of this carport for protection of his vehicle. He stated there is no room to construct a carport in the rear of his property in the area between the garden plot and the storage building (18 feet). Mr. Seese reminded the Commission there is a paved alley and that this Commission would be determining if access from the paved alley to the rear of the property is possible. Mr. Franklin stated that access to the rear of the property may cause some problems for the homeowner but it is possible. Chairman Johnson stated that he agreed there is access from the alley with some minor alterations. The Commission voted unanimously opposed to this request. 4. Case C 98 -29 Application for a Manufactured Home 3205 Windthorst Road Applicant: Property: Legal Description: Property Zoning: Surrounding Land Use and Zoning Donald Lee Melton 3205 Old Windthorst Road Block 13, J. M. Blankenship Single Family -1 N: Horse Stables, SF -1 S: 2 Mobile Homes, SF -1 E: Vacant, SF -1 W: Old Windthorst Rd., Vacant Land, SF -1 Analysis: The applicant requests a Conditional Use Permit to place a manufactured home at 3205 Old Windthorst Road. The proposed manufactured home is 32 x 70 (2240 s. f). and it will be setback 240 feet from the street. This site is platted, containing 9.97 acres, and is currently vacant. To the south are two existing, possibly vacant mobile homes. This lot is part of a large tract annexed in 1989, and it retains its original SF -1 zoning. Because of the size and setback of the home, staff feels that this project will not negatively impact the surrounding land uses, and it will be compatible with the existing development. Developmental Requirements: 1. Provide sidewalk along frontage of Old Windthorst Rd. 2. Storm water detention is required. Consult with Public Works. Recommendation: Staff recommends approval of this request. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 V Mr. Franklin made a motion to approve this manufactured home. Mr. Wachsman seconded the motion. Sixteen surrounding property owners were notified of this request. One (1) or 16.67% replied in favor and one (1) or 16.67% was opposed. Mr. Donald Lee Melton, applicant, presented the Commission with pictures of his current resident, a mobile home, that he moved into in 1984. He stated he makes these homes into residences by adding features and accessories. Mr. Rooks stated he was not an advocate of manufactured housing but he would be in favor of this request based on the photographs the applicant presented. The vote was unanimously in favor of approving this request for a manufactured home. 5. Case C 98 -30 Application to Construct a Structure Similar to a Carport 4301 Rhea Road Purpose: To construct a structure similar to a carport within the exterior side setback Legal Description: Lot 8, Block 23, Faith Village 1 Analysis: The applicant is requesting to build a cover over a hot tub. This proposed structure will encroach into the exterior side 15 foot setback. Staff feels that the impact of this structure will be similar to that of a carport, and therefore qualifies for the conditional use process. This structure will be partially blocked from view by a six foot tall privacy fence. There are five carports in the front setback within the 200 foot notification area. Note to applicant: If approved, a building permit will be required. Twenty -five surrounding property owners were notified of this request. Nine (9) or 36.0% replied in favor and none (0) were opposed. Mr. Rooks made a motion to approve this request. Mr. Berg seconded the motion. Mr. Seese stated the same conditions should be applicable to this case even though the structure will be used to cover a hot tub. He also stated that staff recommends approval. The applicant, Mr. Jerry Scarbrough, stated the patio cover would be corrugated metal, not tin. He stated it would be inside his six foot privacy fence and used to cover his hot tub and patio furniture. The Commission voted unanimously in favor of approving this request. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 S 6. Case C 98 -31 Application to Construct a Carport 4724 Tammy Drive There are no carports located in the front setback within the 200 foot notification area. Seventeen surrounding neighbor were notified of this request. Five (5) or 29.41% replied in favor and none (0) were opposed. Mr. Franklin made a motion to approve this request for a carport with Ms. Morgan giving the second. Mr. Hank Grieb, applicant, stated the carport will complement the house and it would be neat and orderly. He wants the carport to protect his truck from weather elements. The carport was approved by a unanimous vote. 7. Case C 98 -32 Professional Offices (Certified Public Accountant) 4701 Eldorado Drive Applicant: Purpose: Legal Description: Surrounding Land Use & Zoning: Lephen & Elaine Stephens Professional Offices (Certified Public Account -ant) Lot 17, Block 7, Bel -Air Subdivision, Unit 3 N: Residential, Multifamily 4 -Plex, LC S: Kell Blvd., LC E: Vacant, LC W: Vacant Lots, MFR Analysis: The applicant requests approval to construct a 2625 s.f. office on this lot. The lot is located in an LC zone next to Kell. It is part of a six -lot area zoned LC serving as a buffer between the freeway and the homes to the North. Offices over 1,200 s. f. require a Conditional Use Permit. A review of this site plan shows nine customer and three employee parking spaces -more than enough to meet requirements. Six 2 -inch caliper trees are required for landscaping requirements. One - half of the trees must be canopy trees. Recommendation: Staff recommends approval of this request. Mr. Rhone made a motion to approve this request with Mr. Berg giving the second. Chairman Johnson stated that he would abstain from comment and voting on this case and asked Mr. Wachsman to preside. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 6 Ten surrounding property owners were notified of this request. Six (6) or 60.0% replied in favor and none (0) were opposed. Ms. Elaine Stephens, applicant, requested building of approximately 2,600 square feet. residential character. approval for the construction of an office She stated it will have a brick exterior with Ms. Morgan stated she would be in favor of this request. The request passed with a unanimous vote. 8. Case C 98 -33 Mobile Home 1006 Harlan Lane Purpose: Property: Legal Description: Surrounding Land Use & Zoning: Establish a single -wide Mobile Home 1006 Harlan Avenue Lot 4, Block D, Ray Massie Subd. N: Residence, RMU S: Shopping Plaza, GC E: Harlan Ave., Residence, RMU W: Vacant Lots, S172 Analysis: The applicant wishes to place a single wide mobile home at 1006 Harlan Ave. This site is due north of the Wichita West Shopping Center on Old Iowa Park Road. The immediate area consist of vacant lots and houses to the north, east and west. There are no mobile or manufactured homes within the 200' notification area Developmental Requirements: This lot is within the 100 year floodplain. An elevation certificate will be required. Recommendation: Staff recommends approval of this request. Fourteen surrounding property owners were notified of this request. Four (4) or 28.56% replied in favor and three (3) or 21.43% were opposed. One negative response was received from outside the notification area/ Mr. Rooks made a motion to approve this mobile home request. Mr. Rhone seconded. Mr. Nehemiah Lewis, applicant, asked the Commission to approve this request. He stated he is buying this property to locate a family member near his residence. Ms. Mary Ezzell, 1013 Harlan Lane, stated she has resided at that address for 30 years. She stated she objected to a mobile home being placed on the property as she hoped the neighborhood could be upgraded. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 Mr. Berg inquired about other mobile homes in the area. Mr. Seese stated none were located within 200 feet of the property. Mr. Lewis stated there were some in the area, four or five blocks away. Mr. Franklin asked for a description of the mobile home. The applicant responded that a home had not been selected but it would be a manufactured home, constructed after 1990. Mr. Seese stated the application is for a mobile home, a single wide home. He commented that the Zoning Ordinance definition varies from the "federal" definition. Chairman Johnson stated he would be in favor of this request if conditions could be placed on the approval to preserve the integrity of the neighborhood. Mr. Wachsman suggested the applicant locate another lot because of the amount of neighborhood opposition. Mr. Franklin concurred since the applicant has not purchased the lot. The vote was unanimously opposed to this request. 9. Case R 98 -13 Rezone Various Tracts in Block 8, Stehlik and Baber Subdivision From SF -1 to GC 5100 Block Seymour Highway Applicant: E. W. Moran Requested Action: Rezoning from SF -1 to GC Purpose: Rezone to accommodate existing uses Property: 5106, 5100 & 5100 rear Seymour Highway Legal Description: Portions of an 11.83 acre tract, a 10.96 acre tract, and 10.5 acre tract out of Block 8, Stehlik and Baber Subdivision Existing Land Use: Existing Oil Field Supply Yard Surrounding Land Use & Zoning: N: Residence, SF -1 S: Pipe Yard, Seymour Highway, HC E: Smith's Nursery, GC W: Residences, SF -2, GC Analysis: The applicant is requesting that the three tracts to the North of his existing Heavy Commercial lot be rezoned to General Commercial. The area being considered for rezoning consists of three tracts totaling approximately 24 acres beginning 560 feet to the North of Seymour Highway. This property is currently used for oil field equipment storage and service. This area is part of the recently annexed Kovarik Road area. The area to the South, inside the city limits at the time of annexation, is zoned Heavy Commercial. During the rezoning process of the annexed area, most properties on the north side of Seymour Highway, which carried a Heavy Commercial designation, approximately 11,400 frontage feet, were down -zoned from Heavy Commercial to General PLANNING & ZONING COMMISSION - AUGUST 12, 1998 9 Commercial. To the West of FM 369, there also remains 2,000 frontage feet zoned Heavy Commercial. At their June meeting, P &Z recommended denial of this rezoning to Heavy Commercial. Instead, they recommended rezoning this area to General Commercial. As a General Commercial district, the business could continue to operate as it has. Expansion would require review by the P &Z for a Conditional Use Permit. On July 7, 1998, the applicant decided to present his case for Heavy Commercial zoning to the City Council. After consideration by the Council (minutes attached), the request was denied. The Council was advised by the City Attorney that it could not approve General Commercial as recommended by the P & Z at that point in the process. The request would have to originate with the applicant. Recommendation: Staff recommends approval of this rezoning to General Commercial. Twelve surrounding property owners were notified of this request. One (1) replied in favor and none (0) were opposed. Mr. Rhone made a motion to recommend that City Council approve this rezoning request. Ms. Morgan seconded the motion. Mr. Seese stated this case has been heard previously. Mr. Don Owen, applicant's representative, requested approval of this rezoning. The rezoning passed with a unanimous vote in favor. 10. Case R 98 -14 Application to Rezone 2125, 2127, 2129, & 2131 Avenue K From LC to GC Applicant: Purpose: Property: Existing Land Use: Surrounding Land Use & Zoning Mike Shallenberger Mini storage units 2125, 2127, 2129 & 2131 Avenue K Four residences N: Avenue K, Residences, SF -2 S: Kell Blvd. E: Giddings St., Apartments, LC W: Residences, SF -2 Analysis: This area consist of four residential lots that are zoned Limited Commercial. One of the lots is vacant and the other three each contain a house. These homes face Avenue K. The immediate surrounding land uses are residential. The closest commercial area is to the east within Market Square. Within Market Square there are several offices and multifamily dwellings. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 The applicant is proposing to use the rear portion of these lots for a mini storage facility that will have frontage along Kell Blvd. The existing houses will remain. Mini storage facilities are not a permitted use in Limited Commercial. Therefore the applicant is requesting that these lots to be rezoned to General Commercial. Recommendation: Staff has strong concerns about protecting the integrity of the existing residential neighborhood. Rezoning these lots to General Commercial would open the possibility of incompatible land uses. It is staffs recommendation that the northern portions (100 feet) of these lots be down -zoned to Single Family -2, and the remaining southern portions be rezoned to Conditioned General Commercial. This would prevent commercial intrusion on this part of Avenue K. If rezoning as proposed by staff is approved, a variance from the Board of Adjustments will be required in order to construct a building within 30 feet of a Single Family zoning district boundary (as requested by the applicant). Staff feels that this site may qualify for a variance since the State acquired right -of -way from the original lots for Kell Boulevard. Nineteen surrounding property owners were notified of this request. Three (3) or 13.73% replied in favor. One (1) or .93% was opposed. These percentages were calculated by taking the actual square footage owned by each property owner plus 50% of any right -of -way adjacent to their property divided by the total square footage of land within 200 feet of the perimeter of this plat. Mr. Rhone made a motion to recommend to City Council to approve this rezoning request. Ms. Morgan seconded the motion. Mr. Mike Shallenberger, applicant, stated he would like to leave the lots facing Avenue K as Limited Commercial and rezone the lots facing Kell to Conditioned General Commercial. Mr. Seese stated that staff would recommend approval of this proposed change. Mr. Seese reminded the Commission that Mr. Shallenberger will need to present a site plan and reappear before this Commission to obtain a Conditional Use permit. Mr. Franklin stated that an amendment to the motion is needed to reflect the change Mr. Shallenberger presented. Mr. Franklin made a motion to amend the previous motion to have the lots facing Avenue K remain Limited Commercial and recommend that Council approve the rezoning of the lots facing Kell to Conditioned General Commercial. Mr. Rhone seconded the motion. The amendment to the original motion passed with a unanimous vote. The original motion passed with a unanimous vote in favor. 11. Case R 98 -16 Rezone from Single Family -2 to Conditioned General Commercial 3004 Sherman Road Applicant: Charles B. Reeves, Jr. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 /O Requested Action: Rezoning from SF -2 to GC(c) Conditioned zoning Purpose: Office or Service Use Property: 3004 Sherman Road Legal Description: Lot 3, Block 3, J. W. Thomas Subdivision Existing Land Use: Residential Surrounding Land Use and Zoning: N: Residential, SF -2 S: Residential, Kell Freeway, GC(c). E: Residential, SF -2, W: Residential, Ryder Truck, GC(c) Analysis: The applicant requests a zoning change to Conditioned General Commercial zoning for his property at 3004 Sherman. On his application, the owner states the reason for his request is to be able to improve the property and use it as commercial rental property. In October 1995, an area (including the Ryder Truck business) west of here was rezoned to Conditioned General Commercial zoning. This area is in transition from single family to commercial. In 1997 several lots at the corner of Kell and Grant were rezoned to GC(c) including the lot to the South of request. For consistency, the staff recommends that the same GC(c) list of uses should be used in this request. Recommendation: Staff recommends approval of this conditioned rezoning. A proposed district regulation follows: Purpose The purpose of the GC(c) Conditional General Commercial district is to accommodate commercial activities of a retail and service nature. These areas would be located along major streets and encouraged to use site designs which have mutual benefits with other businesses in the area. Permitted Uses A. The following uses are permitted in the GC(c) district: Residential Uses Dwelling, Duplex Two Family Dwelling, Single Family Detached B. The following uses are permitted in the GC(c) district subject to the Site Plan Review provisions of Section 7100. Residential Uses: - Bed & Breakfast Homestay - Boarding House - Condominium Residential - Dwelling, Multifamily - Dwelling, Zero Lot -Line Single Family, subject to the provisions of Section 5200 - Fraternity & Sorority House - Townhouse, subject to the provisions of Section 5300 Civic Uses: Convalescent Services Day Care Centers, Limited & Commercial PLANNING & ZONING COMMISSION - AUGUST 12, 1998 Library, Public Parks Public Safety Services Religious Assembly Residential Care Facility Utility Service Commercial Uses: - Art Gallery/Museum - Bed & Breakfast Inn - Clinic - Club - Exterminating Services, without chemical storage - Kennel - Medical Office - Offices - Oil Drilling, subject to the provisions of Chapter 21 of the Code of Ordinances - Repair Services - Self - Storage Facilities /Mini Warehouse - Services - Veterinary Services Conditional Uses The following uses are permitted in the GC(c) district subject to the approval process provided in Section 7200: - Automotive Service Station - Automotive Sales & Service - Alcoholic Beverage Sales, subject to the provisions of Section 5400 - Car Wash - Convenience Store - Light Manufacturing - Retail Trade DEVELOPMENT REGULATIONS Each site in the GC(c) district shall be subject to the following development regulations except for townhouse & zero lot -line residential use: I. Lot area: 5,000 sq. ft., minimum 2. Lot width: 50 ft., minimum 3. Front setback: 25 ft. minimum, except for rear access subdivision where reduced setback as per Zoning Ordinance Section 4240 shall apply. 4. Side setback, Interior: A. Single- family and duplex dwellings: 5 ft., minimum. B. All other uses: No minimum 5. Side setback, exterior: 25 ft. minimum, except 15 ft. minimum for single - family and duplex dwellings. 6. Rear setback: A. Single family and duplex dwelling: Five (5) ft. minimum from common lot line or one (1) ft. minimum from alley. (See Section 6500 for Accessory Structure setbacks and Section 6210H for setback requirements for rear vehicular access.) B. All other uses: No minimum. However, in no case shall the roof overhang extend over the property line. 7. Height: No maximum 8. Building coverage: No maximum, except 50% of lot area maximum, for single - family and duplex dwellings. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 /Z 9. Open Space: 20% of lot area, minimum, for multifamily dwellings containing 25 units or more. Note: See Section 4600 of the Zoning Ordinance for buffering requirements. Ten surrounding property owners were notified of this request. Three (3) or 17.45% replied in favor and one (1) or 4.20% was opposed. These percentages were calculated by taking the actual square footage owned by each property owner plus 50% of any right -of -way adjacent to their property divided by the total square footage of land within 200 feet of the perimeter of this plat. Mr. Franklin made a motion to recommend approval to City Council for this rezoning case. Mr. Rhone seconded the motion. Mr. Craig Reeves, representative for the applicant, briefly described the location with relation to Ryder Truck. He stated the plans are to improve this area. Chairman Johnson noted that Conditioned General Commercial seems to be replacing Limited Commercial as a buffer. Mr. Seese explained the applicant has the opportunity to design a zone to suit his requirements. Wichita Falls has ten zoning districts and the conditioned opportunity allows more latitude with the zoning districts. The Commission passed this recommendation with a unanimous vote. 12. Case R 98 -17 Application to Rezone 140.05 Acres South of Southwest Parkway The applicant withdrew Tract B prior to this meeting. Applicant: Bill McGregor, for Stone Lake L.L.C. Requested Action: Rezoning from SF -2 to GC(c) and LC Purpose: Mixed Use Development Property: Three tracts located south of the Family YMCA, and south and west of the Edgecliff Estates Subdivision and adjacent to Highway 79. Tract A. Rezone 25.54 acres from Single Family -2 to General Commercial Conditioned zoning. Tract B. Rezone 65.97 acres from Single Family -2 to Limited Commercial zoning. Tract C. Rezone 48.54 acres from Single Family -2 to General Commercial Conditioned zoning. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 -1.3 Legal Description: 140.05 acres out of Scott Survey No. 7, A -295, and Block 1, Kemp and Newby Subdivision of the Cherokee County School Lands. Existing Land Use: Vacant Surrounding Land Use and Zoning: N: Family YMCA, Edgecliff Subdivision, LC, SF -2 S: Highway 79, GC. E: Edgecliff Subdivision, Apartments, SF -2, MFR W: Vacant land, State Hospital, SF -2 Analysis: The applicant requests rezoning of three tracts totaling 140.05 acres. The developers have acquired 288.62 acres in all and are requesting zoning changes for a mixed use development. A tract of 148.57 acres will remain with the current single family zoning. The tracts are as described as follows: Tract A. Rezone from Single Family -2 to General Commercial Conditioned zoning. The owners have asked for approval of a zoning classification change to a General Commercial Conditioned zoning. The property is a 25.54 acre tract fronting on Highway 79. In their application is a list (included with this report) of proposed uses for the district. In a conditioned district, the property owners can propose their list of allowed uses. They chose to delete some general commercial uses such as "contractors yard" and "kennel" from the district. However, no conditional uses were proposed. The general commercial conditioned district would allow more uses than Limited Commercial, but would still be compatible with adjacent single family zoning to the North. The tract abuts Highway 79. There are apartments to the east and commercial zoning to the South. Tract B. Rezone from Single Family -2 to Limited Commercial zoning. The owners are seeking a zoning change to Limited Commercial for this 65.97 acre tract. The property is next to the Edgecliff subdivision on the East and abuts residences and the Family YMCA on the North. The Limited Commercial district forms an effective buffer between residential and nonresidential uses. Tract C. Rezone from Single Family -2 to General Commercial Conditioned zoning. The owners are seeking approval of a change to conditioned zoning for this 48.54 acre tract northeast of the State Hospital. This tract is generally surrounded by vacant land. The owners have proposed the same district regulations for this tract as in Tract A. Recommendation: Staff recommends approval of these rezonings. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 1y Mr. Rhone made a motion to recommend approval of this rezoning request to City Council. Ms. Morgan seconded the motion. In Tract A, eight surrounding property owners were notified of this request. Two replied in favor and none (0) were opposed. In the Tract B & C combination, fifty -four surrounding property owners were notified of these two requests. Two (2) or 18.92% replied in favor and fourteen (14) or 5.64% were opposed. These percentages were calculated by taking the actual square footage owned by each property owner plus 50% of any right -of -way adjacent to their property divided by the total square footage of land within 200 feet of the perimeter of these tracts. Tract B received the greatest opposition from adjacent property owners and therefore was removed from the agenda. Mr. Bill McGregor, applicant, introduced Mr. Martin Litteken, engineer, and Mr. Jim Ginnings. Mr. McGregor inquired about the removal of alcohol sales from the Conditioned General Commercial zoning. Mr. Seese responded that in a restaurant, alcohol sales would be permitted. When asked about sales of alcohol in clubs, Mr. Seese responded that the definition of "club" in the Zoning Ordinance referred to a fraternal club instead of a night club. Mr. Jim Ginnings inquired about the alcohol sales to which Mr. Seese replied that a restaurant must have 70% of their sales from food rather than alcohol. Even though alcohol sales have been eliminated in this particular zoning, it would be permitted in a restaurant situation. Zoning violations would be investigated if there was suspicion that sales of alcohol were greater than 30% in a restaurant (or food sales were less than 70 %). Chairman Johnson asked if all alcohol sales were to be eliminated in this area. Mr. McGregor stated that package stores would not be permitted in this zone, but restaurants could sell alcohol. To clarify this issue further, Mr. Seese explained the TABC classifications for alcohol sales. He further commented that the area abutting Single Family would require conditional use approval to permit alcohol sales. Mr. Ginnings asked if restaurants would have to get conditional use approval in the proposed zone. Mr. Seese replied that this Commission could place that restriction on this zone. Mr. McGregor explained the relation between Mr. Ginnings home and the proposed GC(c) zone by stating that Holliday Creek separates them. He asked if the Creek had any relevance. Mr. Seese stated that the Zoning Ordinance does not recognize natural boundaries, the zone would bisect the Creek (half the Creek could be in GC(c) zoning and half, in Single Family zoning). Chairman Johnson asked Mr. Ginnings what type of alcohol sales most concerned him. He replied that package stores and bars. Chairman Johnson suggested that the conditional use approval be placed on package stores and bars in the zone. Mr. McGregor agreed with this suggestion. Mr. Seese commented that when a Single Family zone abuts GC, conditional use approval is already required by the Zoning Ordinance. Mr. Ginnings stated that he would prefer alcohol sales to be removed from list of uses. Mr. Seese stated that staff recommends alcoholic beverage sales be removed from permitted uses and that it be reinstated under conditional uses. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 /5" Mr. Litteken stated that Mr. Ginnings was concerned that a precedence is being established whereby another tract adjacent to his home could be rezoned. Mr. McGregor stated that his company, Stone Lake, does not have any development plans for a zone lesser than Single Family -2 for that tract. Mr. Ginnings stated he would prefer a written document stating so. He recounted previous promises and schemes concerning this tract and stressed he wanted protection. Mr. Seese stated the minutes of this meeting would serve as documentation (of his concerns). He also commented that without zoning, this action could have taken place without meetings and the required City approvals. Mr. Ginnings asked if the Commission would be opposed to a written agreement between Stone Lake and himself; Chairman Johnson responded that would be a matter with which the Commission could not be involved. Mr. Ginnings asked if statements made at this meeting and entered into the record would have force and effect, to which Chairman Johnson replied favorably. Mr. Ginnings asked if Chairman Johnson would object to language in the record stating that the rezoning of Tract C does not create a precedence. Chairman Johnson replied the actions of this Commission create the precedence. Mr. Ginnings stated that he took Chairman Johnson's comment as a "yes" that he did not want to see those comments in the record. Mr. McGregor stated that as a representative for the property owners (Stone Lake), we understand there is a differentiation between Tract C and the triangular tract adjacent to Mr. Ginnings property. One is buffered by the Creek and the other is separated by a fence line. He further stated that he would agree, per the minutes of this meeting, we would not expect this situation to be a precedence. Mr. Rhone suggested Mr. Ginnings and Stone Lake sign an agreement that the land will not be developed as anything but Single Family -2 and not be brought before this Commission. Both Mr. Ginnings and Mr. McGregor were in agreement. Mr. Seese restated the limitations as deleting the alcohol beverage sales from permitted uses and require conditional use approval for such sales in Tract C. Mr. Dennis Cannedy, 2353 West Rathgeber, stated that he submitted a response opposing this rezoning. He commented that this road (Rathgeber) was not constructed for commercial traffic. Mr. Cannedy explained the promises made by the previous owners of Tract C and the disappointment of the property owners on Rathgeber who built large homes in a suburban setting. He expressed concern for the development of the 600 foot strip down Rathgeber and the corner where it meets Highway 79. The residents expected the continuation of upscale homes and not the back door of General Commercial development. He suggested this property be left residential. Mr. Litteken gave a brief history of the ownership of the property. He stated the layout provided progressive zoning. The road, through the property, does conform to the City's Thoroughfare plan. The developer planned to recoup some of his initial investment by developing the frontage. Mr. Litteken suggested tabling Tract A until both parties could come to an agreement about the development. Chairman Johnson stated if Tract A were tabled, the Commission would be recommending approval for Tract C with the previously discussed changes. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 /6 Mr. Wachsman departed and was unable to attend the remainder of the meeting. An amended motion was made by Mr. Rhone for the Planning & Zoning Commission to recommend approval to City Council to rezone Tract C to Conditioned General Commercial zoning with the changes made to reflect alcohol beverage sales as a conditional use not a permitted use. Mr. Berg seconded the motion. The recommendation passed with a unanimous vote in favor. Chairman Johnson asked for a vote on the original motion which included Tracts A and C. Mr. Franklin suggested there be more discussion about Tract C. To questioning, Mr. McGregor responded that surrounding this tract to the east is the Family "Y," north is the Kid's Fishing Hole, west is Hank Anderson's property (Case R 98 -15). He continued by stating there is only one home, a rent house owned by Hank Anderson, in this area. The original motion passed with a unanimous vote in favor of the recommendation. 13. Case R 98 -15 Application to Rezone 17.4 Acres 5001 & 5005 Lake Park Drive From SF -2 to GC Purpose: Unknown Commercial Usage Property: 5001 & 5005 Lake Park Drive. Legal Description: 17.4 acres out of Blocks 1 & 8, Scott Survey No. 7, A -295 Existing Land Use: Residential, Horse Stable, Vacant Surrounding Land Use and Zoning: N: Lake Park Drive, Pawn Shop, GC S: Vacant, SF -2 E: Vacant, Field and Stream, LC, SF -2 W: Holliday Creek, SF -2 Analysis: The applicant requests a zoning change to General Commercial for his property totaling 17.4 acres at 5001 & 5005 Lake Park Drive. On his application, the owner writes that, "the property belonging to MSU recently sold to a development group who desires for their adjoining property to be commercial, which lessens the appeal of the above property as single family residential." The property is currently zoned single family. There is a residence and a horse stable on the property. In Case R 98 -17 the owners of properties surrounding most of three sides of this tract have requested General Commercial conditioned zoning. The proposed surrounding GC(c) zoning will provide a transition zone surrounding this tract. There is general commercial zoning abutting this property to the North. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 1-7 Recommendation: Staff recommends approval of this rezoning. Seven surrounding property owners were notified of this request. Two (2) responses in favor were received (from the applicant who owns additional property in the notification area). None were opposed. Mr. Berg made a motion to recommend approval of this rezoning to City Council. Mr. Rooks seconded the motion. Chairman Johnson asked if the applicant was present; he did not attend this meeting. Mr. Seese gave a brief presentation of this case then he described the surrounding businesses and property. Councilor Burns stated that he concurs with Mr. Seese and the idea of a Conditioned General Commercial zone buffering the General Commercial. The motion to recommend approval to City Council passed with a unanimous vote in favor. 14. Case R 98 -18 Application to Rezone 234.89 Acres on Lake Park Drive, South of Holliday Creek Channel From Single Family -2 to General Commercial Applicant: Bill McGregor, for Stone Lake L.L.C. Requested Action: Rezoning from SF -2 to GC Purpose: Potential Commercial Development Property: 23.89 acres on the east side of Lake Park Drive, the south side of Holliday Creek Channel, and 300 feet northeast of the intersection of Lake Park Drive and Old Lake Road Legal Description: 23.89 acres out of Scott Survey No. 7, A -295, and Scott Survey No. 6, A -301 Existing Land Use: Vacant Surrounding Land Use and Zoning: N: Vacant land, Holiday Creek channel, SF -2 S: Vacant land, State Hospital SF -2 E: Vacant, SF -2 W: Lake Park Drive, SF -2 Analysis: The applicant requests rezoning for this site on the east side of Lake Park Drive near the intersection of Lake Road and Lake Park Drive. This 23.89 acre tract is vacant and is part of lands formerly owned by Midwestern State University. The property is now being developed by private investors who are requesting General Commercial zoning. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 /8 The applicant has stated that the existing Single Family zoning is not realistic for this tract. The site is bounded by the Holliday Creek Channel on the North, with the State Hospital to the Southeast. Commercial development will have direct access Lake Park Drive, a collector street with a 60 foot wide right -of -way. Recommendation: Staff recommends approval of this rezoning. Four surrounding property owners were notified of this request to rezone. No responses were received. Mr. Rooks made a motion to recommend approval of this rezoning request to City Council. Ms. Morgan seconded the motion. Mr. Martin Litteken, engineer for the applicant, stated that Lake Park Drive now ties into Old Lake Drive with the completion of Holliday Creek. He further described the surrounding property. Zoning of the adjacent properties was discussed and it was determined that there was an adequate buffer around this property. The recommendation passed with a unanimous vote in favor VI. Other Business 1. City Council Update None 2. Miscellaneous Councilor Burns stated that at in future meetings, during this segment, he would like to present Council concerns or projects. Procedures were discussed and methods to expedite the P&Z recommendation /Council approval process. Mr. Seese announced there would be a P&Z Workshop to discuss PUD Wednesday, August 15"' at 2:00 p.m. Chairman Johnson inquired about the reception to our landscape ordinance from businesses moving into the area. Mr. Seese replied there had been none; but, there had been compliments from citizens. Mr. Franklin stated that he was concerned that Conditioned General Commercial might become a replacement for Limited Commercial. He was adamant about stopping the commercial encroachment into residential. He cautioned the Commission about not making decisions that could be regrettable in the future. VII. Adjournment The Commission adjourned at 4:25 p.m. PLANNING & ZONING COMMISSION - AUGUST 12, 1998 �9 e Johnson, Chakffiain Date ATTEST: Steve Seese PLANNING & ZONING COMMISSION - AUGUST 12, 1998 zo 10 /"Op Date