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Planning and Zoning Commission Minutes - 05/08/2024 MINUTES PLANNING & ZONING COMMISSION May 8, 2024 PRESENT: David Cook *Chairman Blake Haney •Member Michael Grassi •Member Mark McBurnett •SAFB Liaison Matt Marrs •Member Noros Martin •Member Wayne Pharries •Member Councilor Bobby Whiteley •Council Liaison Steve Wood *Member Jeremy Woodward •Vice-Chair James McKechnie, Legal Department •City Staff Terry Floyd, Director of Development Services •City Staff Fabian Medellin, Planning Manager •City Staff Christal Cates, Planner II •City Staff Cedric Hu, Planning Technician •City Staff ABSENT: Brady Enlow, Alternate not needed •Alternate No.1 Doug McCulloch •Member Alan Sizemore, Alternate not needed •Alternate No.2 I. CALL TO ORDER The meeting was called to order by Chairman Mr. David Cook, at 2:00 p.m. Chairman Cook proceeded to make the following comments: III. PUBLIC COMMENTS Chairman Cook asked if there were any comments from the public. With no response, Chairman Cook closed public comments. IV. APPROVAL OF MINUTES Mr. Matt Marrs, made a motion to adopt the amended, April 17, 2024, minutes. An error on page 3 listed Mr. Doug McCulloch as the chairman and was corrected. Mr. Wayne Pharries seconded the motion. The motion was passed unanimously, 8-0 VII. CONSENT AGENDA Planning and Zoning 2 May 8, 2024 P 24-19 Mettle Oaks Addition, Lots 1-10, Block 1 — Preliminary Plat P 24-20 Mettle Oaks Addition, Lot 10, Block 1 — Final Plat P 24-21 Windthorst Farms Addition, Lot 1, Block 2 — Final Plat Chairman Cook asked if there were any items that needed to be moved the regular agenda. Mr. Medellin stated there were no items to be moved to the regular agenda. Mr. Marrs made a motion to approve the consent agenda with Mr. Steve Wood seconding. The vote passed unanimously 8-0. VIII. REGULAR AGENDA 1. Case C 23-05— 1203 Indiana Avenue Consider taking action on a conditional use renewal at 1203 Indiana Avenue to allow for the expansion of a non-conforming use of a Dance Hall in the Light Industrial (LI) zoning district. Mr. Marrs made a motion to approve the case. Mr. Jeremy Woodward seconded the motion. Mr. Cedric Hu presented the case and stated, last year Syd Litteken and staff along with the property owner, Ms. Christina Rodriguez, met to discuss the expansion of her business and create a 2nd venue using the vacant adjacent space next to the Stone Palace. On April 12, 2023, the case was presented to the Commission and passed with a vote of 9-0. In March, a courtesy letter was mailed to Ms. Rodriguez to advise her that the approved conditional use would be expiring as no permits had been obtained. Ms. Rodriguez responded to staff and requested a renewal for this conditional use. Mr. Hu stated, the subject property is located in between 12th and 13th Street inside of the Light Industrial (LI) zoning district which does not allow for dance halls. However, City ordinance does allow for the expansion of non-conforming uses with a conditional use approval from the Commission. Currently, Ms. Rodriguez owns 1211 Indiana, that houses the Stone Palace, 1205 Indiana, which is an operating thrift store, as well as 1203 and 1201 Indiana that are both being used as storage. Mr. Hu advised the ordinance that allowed for the expansion does stated that the expansion must all be on the same tract of land. Since Ms. Rodriguez owns all properties, she would be able to move forward with the expansion with approval from the Commission. Mr. Hu stated the property was adjacent to warehouse/distributors; parking lots; self-storage; and office spaces. Staff notified 13 surrounding property owners and received one response in favor. Taking into consideration the nature of the site and the proposed use, staff have determined the impacts to adjacent properties to be minimal and believes this would benefit the downtown area. Staff recommended approval of a renewal for the conditional use to allow for the expansion of the nonconforming land use of a dance hall in the Light Industrial - Downtown zoning district with the following conditions: Planning and Zoning 3 May 8, 2024 1. The subject property 1203 Indiana Ave. (N20 ft Lot 9, S20 ft Lot 10, Block 44610, 211, Original Town) must be platted with the existing nonconforming use, dance hall, located at 1211 Indiana Ave. (N1/2 Lot 7 all of Lot 8, Block 211, Original Town). 2. Any future proposed expansions beyond the proposed 3,175 sf be subject to the conditional use permit process. 3. The development shall comply with all applicable building, health, zoning, and fire codes leading to the issuance of a Certificate of Occupancy. Chairman Cook asked if the applicant was present, the applicant was not present. Chairman Cook asked if there were any comments from the public, no comments. Chairman Cook asked if there were any questions from the Commission There were no comments from the Commission. Mr. Cook called for a vote and the motion passed unanimously 8-0. 2. Case C 24-11 — 1833 Eden Lane Consider taking action on a conditional use at 1833 Eden Lane to allow for a limited multi-family residential use in a Single Family-2 (SF-2) zoning district. Chairman Cook stated Mr. Steve Wood had recused himself from voting as his architecture firm, BYSP, was contracted by the owner of 1833 Eden Lane. 4910. Mr. Marrs made a motion to approve the case. Mr. Pharries seconded the motion. Mr. Fabian Medellin presented the case and stated the applicant, Jeremy Daniels with Stratosphere Holdings Group, LLC. met with staff regarding the potential development of property he acquired a few years ago. Currently on the property is a tri-plex that Mr. Daniels has been renovating over the last couple of years. Additional adjacent land has now been purchased by Mr. Daniels' company and he would like to expand the multi-family use. Staff advised in the Single Family-2 (SF- 2) zoning district, multi-family uses are conditionally allowed and of development requirements. Mr. Daniels contacted BYSP architects and had a set of plans drawn up to present to staff along with his conditional use application. Mr. Medellin stated the subject property was located in the northeast area of Wichita Falls with 1-44 to the west and Burkburnett Road to the east. South of the property is Airport Road and to the north is Missile Road. Aerial views show the subject property was located in a Single Family-2 (SF-2) zoning district, surrounded by residential uses. Mr. Medellin advised when meeting with Mr. Daniels of the unique features of the subject property having two drainage easements on the west and south sides. To the west is a 50-foot easement, and to the south is a 115-foot drainage easement. The proposed expansion would be located to the west of the existing triplex, further away from any residential uses. Staff believes with the separation of the drainage easements and some additional screening the multi-family use would be sufficiently separated from other residential uses. Planning and Zoning 4 May 8, 2024 Mr. Medellin displayed the proposed site plan that showed the addition of 9 units, giving the subject property 12 units total. Mr. Medellin advised the reason there where only 9 units being added was due to the language in the ordinance that stated a property had a maximum limit of 12 units, and prohibits one dwelling over another. Mr. Medellin stated the site plan layout was much like that of a townhouse, eight units that will be 2-story with kitchen, dining, living room and a bathroom on the 1st floor and bedrooms and a bathroom on the 2nd floor. The two layouts will both have two bedrooms and two bathrooms. Mr. Medellin advised staff sent notices to 25 surrounding property owners located within 200ft of the subject property and received a total of two responses opposed. One response provided positive feedback on the renovations being done to the existing triplex, and the only concern would be what would happen to them once Mr. Daniels no longer owned them. Mr. Daniels did advise staff he has no intentions df selling the properties, only renting them. The second response in opposition left no comment and no further contact information. With all potential impacts taken into consideration, staff recommends approval of this request to allow a limited multifamily use at 1833 Eden Lane with the conditions outlined below: 1. The development of the limited multi-family use shall comply with all improvements and permitting requirements including building, zoning, health and other applicable codes and ordinances. The required improvements include those listed in the staff report. 2. The applicant must provide and maintain adequate parking for the development. 3. There shall be a six-foot privacy fence constructed to screen the site from adjacent single family detached dwellings. 4. Any lighting shall be directed away from single family residential dwellings. Chairman Cook asked if the applicant was present; the applicant was not present. Chairman Cook asked if there were any comments from the public, no comments. Chairman Cook asked if there were any questions from the Commission. There were no comments from the Commission. Mr. Cook called for a vote and the motion passed unanimously 7-0. 3. Case R 24-01 6232 Southwest Parkway Public hearing to consider taking action on a proposed amendment to a Planned Unit Development Commercial Use (PUD-CU) located at 6232 Southwest Parkway (1.197 AC, Lot 5-B, Certain-Teed Products Addition) to allow for services a) Public Hearing b) Take Action Chairman Cook opened the public hearing at 2:15 p.m. Mr. Hu presented the case and stated the applicant, Mr. James Blake, SWWFW, LLC., was seeking to amend Planning and Zoning R May R, 2n24 the existing Planned Unit Development (PUD) to add `services' to the allowed uses. The original PUD was approved in May of 1991 and amended on January 1999, however, it did not include "services" as a permitted use. The subject property is located in the southwest part of Wichita Falls, northwest of Memorial Stadium. The existing structure located on the property has multiple suites, housing various businesses. The property also shares a lot with the United Rental's business, east of the subject property. Mr. Hu stated the subject property is located inside an existing PUD and the proposed amendment would apply to the entire PUD and not only the subject property. Mr. Hu advised the subject property was once a part of a 13-acre tract of land that was annexed into the City of Wichita Falls in November of 1990. In January 1991, the Planning and Zoning Commission had recommended General Commercial (GC) zoning for this area. According to the original staff report for the PUD, the owners responded the General Commercial (GC) zoning uses did not meet their needs. Various options were discussed with the property and land owners and the agreed outcome was the PUD. Records show the past owners proposed several uses for the PUD, however, none allowed for "services". The PUD was amended in January 1999 to include the use of Radio and Transmitting Towers as another permitted use. Staff could not determine why "services" was not added to the original PUD or the amended PUD, however, "services" are a permitted use under the General Commercial (GC) zoning district, which was the original recommendation from the Planning and Zoning Commission. Mr. Hu advised north of the PUD is the Heavy Industrial (HI) zoning district, mainly comprised of the Eagle Rail Services. To the south is Southwest Parkway, vacant land and Single Family-1 (SF-1) zoning district. To the east of the subject property is a utility station. Mr. Hu advised staff sent notices to 8 surrounding property owners located within 200ft of the subject property and received one response marked no opinion/undecided and left no comment. Mr. Hu stated staff recommended approval of the amendment as submitted to the Commission. Mr. Medellin advised the Commission that the proposed use that would fall under the "services" category is for an event center. Chairman Cook asked if the applicant was present, Mr. James Blake, one of the owners, stated he was present for any questions the Commission may have. Chairman Cook asked if there were any comments from the public. With no comments Chairman Cook closed the public hearing at 2:22 p.m. Mr. Cook asked for a motion. Mr. Marrs made a motion to recommend the amendment as presented with Mr. Blake Haney seconding. Mr. Cook asked if there was any discussion from the Commission. With no comments, Mr. Cook called for a vote and the motion passed unanimously 8-0. IX. STAFF UPDATE Planning and Zoning 6 May 8, 2024 TA 24-01 — Subdivision and Development Regulations Amendment mid Presentation of Proposed Appendix A — Subdivision Ordinance; Stormwater Design Manual; Pavement Design and Additional Text Amendments. Mr. Terry Floyd stated that today's presentation would be an input session and start the "60-day shot clock" for a vote for recommendation to City Council. Mr. Floyd stated there would be no vote today, just presentation of previously suggested changes and that anyone was welcome to reach out with questions or comments anytime. Mr. Russell Schreiber stated as he provided the presentation to the Commission, to please remember, as staff went through and researched the development regulations they had to keep in mind the balance of the improvements to the City's infrastructure system as well as what was in the best interest of the City and it's citizens as a whole. Mr. Russell Schreiber gave a brief review of the timeline on previous steps that had been taken in the revisions. Mr. Schreiber stated that day's presentation was to show where the City stood with the modifications that had previously been requested and that it did begin the 60-day comment period or "shot clock" as previously stated by Mr. Floyd. On July 10th, a revised document would be presented to the Commission with all revisions for the Commission to vote to recommend to City Council. Mr. Schreiber reviewed all changes and modifications staff was asked to make. There was much discussion between staff, the Commission and the public regarding more modifications that were recommended during the presentation of the amended Subdivision Ordinance, Stormwater Design Manual and Pavement Design Manuel. X. ADJOURN After lengthy discussions, Chairman Cook adjourned the meeting at 3:26 p.m. d/0--4;71c2-r/ David , airm Date Terry Floyd, Director Development Services Date