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Planning and Zoning Commission Minutes - 03/13/2013JIa V . , ) td .. MINUTES - -- BY: PLANNING & ZONING COMMISSION March 13, 2013 PRESENT: R. C. Taylor, Vice Chairman ♦ Members John Harmon • John Kidwell • Karla Miller Metty Vicky Payne • David Schmid • James Wingo ♦ Alternate #1 Mary Ward ♦ Council Liaison Kinley Hegglund, Senior Assist. City Attorney • James McKechnie, Assist. City Attorney ♦ Legal Depart. Karen Gagne, Planning Administrator ♦ City Staff Marty Odom, Planner III Monique Coleman, Planner II Diane Parker ABSENT: Stephen Anderson ♦ Members Jeff Browning Robert Riddle ♦ Alternate #2 I. CALL TO ORDER The meeting was called to order by Vice Chairman Taylor at 2:00 p.m. Vice Chairman Taylor then proceeded to make the following comments: a. This meeting is being broadcast live on Channel 11. It will be replayed at 2:00 p.m. daily including Saturday and Sunday until the next live meeting is aired which will be the second Wednesday of next month at 2:00 p.m. b. Motions made by the Commission members include all staff recommendations and developmental requirements listed in the staff report. Any deviations will be discussed on a case -by -case basis and voted on accordingly. c. Applicants and citizens who wish to address the Commission or answer questions from the Commission members are asked to please speak into the microphone at the podium. This meeting is being taped and there is no microphone to record statements made from the audience. P & Z COMMISSION PAGE 2 MARCH 13, 2013 d. Please silence all cell phone ringers during the meeting. If it is necessary for you to have a cell phone conversation during the meeting, please use the hallway outside this room. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. APPROVAL OF MINUTES Ms. Metty made a motion to approve the minutes of the February 13, 2013 meeting. Mr. Harmon seconded the motion. The minutes were approved with a unanimous vote. IV. CONSENT AGENDA Public Hearing on Final Plats The Planning & Zoning Commission recommended approval of the following plats subject to the Standard Conditions of Approval for Final Plats and Replats and any specific conditions listed: Standard Conditions of Approval for Final Plats Provide utility and drainage easements as required by utility companies and Director of Public Works. Submit water and sewer plans; street; sidewalk; and drainage plans to the Director of Public Works and water plans to the Fire Marshall. 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 & Transportation. Note: Approval of a plat does not imply approval of development of property in violation of the Zoning Ordinance. REGULAR PLAT: Highland Town Square Addition, Lot 3, Block 1 a. Change surveyor's certification date from January 2013 to February 2013. (Planning) b. Provide utility slips. (Planning) c. Please show both sides of Call Field right -of -way and dimension at both ends, right -of- way at the easterly end of Lot 3 is not 60'. There appears to be an angle point missing in the new 30' right -of -way dedication line, the bearings are not parallel, please clarify. (Public Works) d. Lot 3 is not served by sewer. Sewer will need to be extended from the north to serve parcel in a utility easement. (Public Works) P & Z COMMISSION PAGE 3 MARCH 13, 2013 CARPORTS: 1. Case C 13 -06 Carport in the front setback 1705 Southwest Parkway Dawn Yeatts with Arrowhead Contracting representing the homeowner, Marshall Dickerson, requested conditional use approval for a carport to be constructed in the front setback at his residence, 1705 Southwest Parkway. There were no (0) properties with carports in the front setback within the 200 ft. notification area. Nineteen (19) surrounding property owners were notified of this request. Three (3) or 15.79% replied in favor and none (0) were opposed. 2. Case C 13 -08 Carport in the front setback 2713 Lawrence Road James and Jackie Poore requested conditional use approval to construct a carport in the front setback at their residence on Lawrence Road. There were two (2) properties with carports in the front setback within the 200 ft. notification area. Twenty -one (21) surrounding property owners were notified of this request. Four (4) or 19.05% responded in favor and none (0) were opposed. Ms. Payne made a motion to approve the Consent Agenda; Mr. Harmon seconded. The motion carried. V. REGULAR AGENDA Case R 13 -01 Rezoning of approximately 19.04 acres of land from Single Family -2 (SF2) to Limited Office (LO), and amend the Land Use Plan to change the area from high density residential to light commercial 4300 Barnett Road Mr. Odom stated this request is to rezone approximately 19 acres of vacant land located at 4300 Barnett Road from Single Family -2 to Limited Office. The applicant is Mason McClesky representing ORL Enterprises. The owner of this property is Liberty Baptist Church who purchased it in 1996 with the intention of constructing a new church. The project was never completed and the church now desires to sell the property. In September 2011, the owner of the land requested a rezoning of this tract to General Commercial in order for a potential buyer to build a shopping plaza. The residential neighbors to the south were opposed to the rezoning. At that time, the potential buyer was unable to commit to the purchase. The request was tabled by the Commission. P & Z COMMISSION PAGE 4 MARCH 13, 2013 The church has a new potential buyer who wishes to develop a doctor's office. The Limited Office (LO) zoning permits medical offices over 1,200 sq. ft. subject to the approval of a conditional use permit. The applicant is seeking the rezoning in order for the potential buyer to proceed with the conditional use permit. When evaluating the rezoning, staff examined the following criteria: 1. Changed conditions in the area: The south side of Kell at the intersection of Barnett has experienced significant commercial growth since the adoption of the Zoning Ordinance in 1985. 2. Relationship to the Comprehensive Plan: The Land Use Plan currently indicates this area is high density residential. If approved, the Land Use Plan should be amended to show the area as light commercial. 3. The nature and degree of impact upon the neighboring lands: Rezoning of this property will bring commercial zoning closer to the existing residential subdivision to the south; however, there is a 45 ft. wide city aqueduct between the subject property and the residential area that should provide an adequate buffer. Also, Limited Office is the most restrictive commercial zoning district; it is considered an appropriate buffer between General Commercial and Single Family Residential. The purpose of the Limited Office zoning is to encourage small office development of a high character in a generally noncommercial environment. The offices allowed in the Limited Office zoning district have relatively low traffic generation characteristics, require limited identification by signs, and are intended to buffer residential uses from more intensive non - residential uses and non - residential streets. Twenty -five (25) surrounding property owners were notified of this request. Two (2) or 8.0% responded in favor; four (4) or 16.0% were opposed. Outside the 200 ft. notification area, five (5) opposed responses were received. Mr. Harmon asked what uses could be constructed on this tract. Mr. Odom responded the permitted uses in SF -2 were single family dwellings, zero lot line dwellings, parks, and primary schools. With conditional use approval, bed and breakfast establishments, limited multifamily residential uses, duplexes, day care centers, libraries, religious assemblies, and secondary schools would be appropriate uses. Vice Chairman Taylor asked if the proposed use would be medical offices and how many doctors would be onsite. Mr. McClesky stated the plans for this property consist of a 10,000 sq. ft. building with four (4) physicians and a potential fifth doctor in the future. It would be constructed on the northeast corner of the tract, adjacent to the Ford House. Vice Chairman Taylor noted there would be a considerable distance between the proposed office and the residences. Vice Chairman Taylor announced the public comment portion of the meeting was closed. He then requested comments from the Commission members. Ms. Metty stated she was surprised, with number of opposing responses received, that no one was present for the meeting. Vice Chairman Taylor agreed. He stated he respected the citizens' P & Z COMMISSION PAGE 5 MARCH 13, 2013 rights to oppose this request but could not understand why the neighbors were not present to advocate for their position. He further commented he did not feel this office building would generate enough traffic for concern. An apartment complex or beauty shop would have more traffic. Mr. Wingo agreed with Vice Chairman Taylor and stated a multifamily [establishment] or bed and breakfast would create more traffic than doctors' offices. Vice Chairman Taylor commented he was pleased to see this land used for a medical facility. Ms. Payne asked how the residential property values would be affected; Mr. McClesky stated there was enough distance between the residential area and this tract to avoid an impact on values. She asked if the public library was still considering that location for a branch. Mr. Odom stated he was not aware of any plans. Vice Chairman Taylor asked if the entire tract was owned by one individual; Mr. McClesky stated there is a contract for purchasing the entire 19 acres. He also stated he was not aware of any further plans for the rest of the acreage. Ms. Payne inquired about current requirements for landscaping a new building. Mr. Odom stated there are two requirements; the first is perimeter landscaping consisting of trees along the perimeter of the property. The second is parking lot landscaping which is the creation of landscaped islands. She asked about fencing; Mr. Odom stated it was required when nonresidential uses are created next to residences. Mr. Harmon asked about the distance separation [between the proposed medical office and the residential area]. Mr. Odom replied there is no exact distance [when a fence is required] but the ordinance does leave it to staff's discretion. If the residence has an existing six ft. tall fence one would not be required across that property. Ms. Payne asked if the Commission could give approval for a seven ft. fence even though it has not been requested. Mr. Odom stated when the Commission hears the case for the conditional use for this tract, then conditions may be placed on the approval. Mr. Hegglund reminded the Commission this meeting only concerns the recommendation to Council for the zoning change. Mr. Kidwell inquired about the hours of operation. Mr. Odom stated, in Limited Office zoning, the hours are 6:00 a.m. until 11:00 p.m. It was noted that it was doubtful a clinic would have those hours. Mr. Wingo stated this change in zoning would create a barrier between the neighborhood and a more intense zone [the Ford House is zoned General Commercial]. He commented that the neighborhood would probably be happier with this use than what they are imagining. Mr. Kidwell made a motion to recommend approval of this rezoning request to City Council; Ms. Metty seconded. The motion carried. 2. Case TA 13 -01 Proposed text amendment to the Landscaping Section of the Zoning Ordinance to postpone the installation of required landscaping while under Stage 3 or greater drought restrictions On February 5, 2013, the City of Wichita Falls was officially placed into Stage 3 Drought Emergency. The watering restrictions at Stage 3 are considered too restrictive to allow for the necessary survival of newly planted material. Therefore, an amendment to the Landscape Ordinance is needed. This amendment adds text to Section 6845 which allows landscaping to P & Z COMMISSION PAGE 6 MARCH 13, 2013 be installed no later than 90 days after the issuance of a Certificate of Occupancy during periods of normal seasonal rainfall. With the addition of a new Section "D ", postponement of landscaping installation would be allowed until Stage 3 Drought Emergency restrictions are lifted. Mr. Odom summarized the text change by stating that once a Stage 3 or greater emergency has been declared, landscaping would not be required until 90 days after the restriction is lifted. The contractor would be required to complete a form indicating he would comply with those regulations. Mr. Harmon asked if the landscaping plans applied to residential uses. Mr. Odom stated these regulations only concern commercial landscaping; there is no landscaping requirement for residential. Mr. Harmon made a motion to recommend approval of this amendment to the Zoning Ordinance to City Council; Mr. Kidwell seconded. The motion carried. VI. OTHER BUSINESS City Council Update Mr. Odom reported there were no items from this Commission that required City Council action during the last month. Chairman Mr. Odom stated that in April this Commission should elect a new Chairman and possibly a new Vice Chairman. VII. ADJOURN The meeting adjourned at 2:24 p.m. R. C. Taylor, Vice ATTEST: ,-*w rman Marty Odom, Dept.I&Community Development Date CF 1 8 Date