Planning and Zoning Commission Minutes - 02/13/2013MINUTES
PLANNING & ZONING COMMISSION
February 13, 2013
PRESENT:
L. O. Nelson, Chairman
♦ Members
Stephen Anderson
•
Jeff Browning
•
John Kidwell
•
Karla Miller Metty
•
R. C. Taylor
•
James Wingo
♦ Alternate #1
John Harmon, seated in the audience •
Mary Ward ♦ Council Liaison
Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart.
James McKechnie, Assist. City Attorney •
Kevin Hugman, Asst. City Manager ♦ City Staff
Karen Gagne, Planning Administrator
Marty Odom, Planner III •
Monique Coleman, Planner II
Diane Parker •
ABSENT:
Vicky Payne ♦ Members
David Schmid •
Robert Riddle ♦ Alternate #2
CALL TO ORDER
The meeting was called to order by Chairman Nelson at 2:00 p.m. Chairman Nelson 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.
P & Z COMMISSION PAGE 2 FEBRUARY 13, 2013
This meeting is being taped and there is no microphone to record statements made from the
audience.
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.
It was noted by Chairman Nelson that James Wingo, Alternate #1, was sworn in by the City
Clerk, Ms. Lydia Ozuna, at the January 9, 2013 Planning and Zoning Commission meeting.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. ADOPTION OF MINUTES
Mr. Taylor made a motion to approve the minutes of the January 9, 2013 Planning and Zoning
Commission meeting; Ms. Metty seconded. 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.
Mr. Odom stated he would like to move the Whispers of Hope plat from the Consent Agenda to
the Regular Agenda in order to amend one of the conditions.
REGULAR PLAT:
Highland Town Square Addition, Lots 1 and 2 [replat] (Feb. 2013)
a. Lots 1 & 2 are served by sewer and water off Lawrence Road. (Public Works)
b. Bearing in legal description /field notes is incorrect. (Public Works)
c. Map does not have correct owner's acknowledgement statement. (Public Works)
P & Z COMMISSION PAGE 3 FEBRUARY 13, 2013
d. There are two signature lines for the surveyor. (Public Works)
e. Flood zone note is incorrect. (Public Works)
f. Not all property corners are labeled as either set or found. (Public Works)
g. Bearing on the map is incorrect. (Public Works)
h. Explanation required or remove the extra lines on Lawrence Road. (Public Works)
i. Basis of bearings refers to a line that is not shown on the map. (Public Works)
j. Detention is not required for this plat. (Public Works)
k. Assign a block number. (Planning)
I. Remove one of surveyor signature lines. (Planning)
m. Please review and revise signature blocks on plat to be consistent with Plat Content
Section 5.3 B 1 -5 of the Subdivision and Development Regulations. (Planning)
n. Remove interior right -of -way lines. (Planning)
o. Provide width of utility easements. (Planning)
p. Please indicate "herein dedicated" for the 35 foot access & utility easement(s) or show
volume and page if the easement(s) will be dedicated by separate instrument.
(Planning)
q. Provide utility slips. (Planning)
r. Additional easement required — Richard Boyd has been contacted. (ONCOR)
s. Please note on map that development will be required to comply with City of Wichita
Falls Stormwater Design Manual, per City Ordinance. (Public Works)
CARPORT:
Case C 13 -04
Carport in the front setback
4735 Eden Lane
Mr. Lewis Kirkendoll requested conditional use approval for a carport to be located in the front
setback at his residence on Eden Lane. There are five (5) homes, within 200 feet of the
perimeter of this property, with carports in the front setback.
Twenty -four (24) surrounding property owners were notified of this request. Seven (7) or
29.17% responded in favor and none (0) were opposed.
Mr. Taylor made a motion to approve the Consent Agenda; Mr. Kidwell seconded. The motion
carried.
V. REGULAR AGENDA
1. Case C 13 -02
Carport in the front setback
3907 Billie Drive
Mr. Lou Guajardo requested conditional use approval to construct a carport to be located in the
front setback at his residence on Billie Drive. There are no (0) properties, within 200 feet of the
perimeter of this property, with carports in the front setback.
Sixteen (16) property owners were notified of this request. Seven (7) or 43.75% responded in
favor and two (2) or 12.50% were opposed. Mr. Odom stated one negative response concerned
the building materials to be used. He displayed a photograph of a similar carport that appeared
to be constructed of metal. The other negative response was submitted by a citizen who had
P & Z COMMISSION PAGE 4 FEBRUARY 13, 2013
previously been turned down for a carport. Mr. Odom stated he was unable to verify this
statement from previous carport records. Mr. Anderson asked if this negative response was
based on the denial of a previously sought after carport; Mr. Odom stated it appeared that way.
Mr. Guajardo stated he requested a carport due to his disability. He commented he would use
the same contractor who built the carport in the photograph [of a similar carport].
Mr. Kidwell made a motion to approve this request; Mr. Anderson seconded. The motion
carried.
2. Case C 13 -03
Carport in the front setback
1617 Sunnyside Lane
Mr. Stuart Bailey, applicant, requested conditional use approval to construct a carport at his
residence on Sunnyside Lane. There are six (6) carports, within 200 feet of this residence, with
carports in the front setback.
Eighteen (18) surrounding property owners were notified of this request. One (1) or 5.56%
replied in favor and one (1) or 5.56% were opposed. Mr. Odom noted the negative response
commented that a carport would lower property values.
Mr. Bailey stated he requested a carport to protect his vehicles from the weather. There are
carports on his street. He commented the opposing response was received from a property
owner who lived in the Metroplex.
Ms. Metty stated she did not have any issues with this carport. Chairman Nelson commented
there is no data indicating property values have been affected by the construction of carports.
Mr. Taylor made a motion to approve this carport; Mr. Kidwell seconded. The motion carried.
3. Regular Plat
Whispers of Hope, Lot 2, Block 6 (Feb. 2013)
Previously on the Consent Agenda; staff request to be heard on Regular Agenda
Conditions of approval:
a. Please show and label the full right -of -way width of Parkhill Road. (Public Works)
b. Site is served by 8" water in Parkhill Road. (Public Works)
c. Site is not served by sewer, extension of public sewer line is required. (Public Works)
d. Site is not in flood zone. (Public Works)
e. Site will require detention. (Public Works)
f. Appears to be a building encroachment over the north property lines. (Public Works)
g. Show right -of -way width for Parkhill Road. (Planning)
h. Building encroachment on north property line. Please inform city planning staff of
planned action. The building must be removed /demolished or Lots 1 and 2 must be
replatted so the building will no longer be on a property line. (Planning)
i. Provide utility slips. (Planning)
j. Additional easement required for existing Oncor facilities. Cornerstone Engineering
has been contacted. ( Oncor)
k. Please provide a 10' utility easement along the frontage of property. (Public Works)
P & Z COMMISSION PAGE 5 FEBRUARY 13, 2013
Mr. Odom stated comment #h. needs to be amended and read as follows:
Building encroachment on north property line. Please inform city planning staff of
planned action. The building must be removed /demolished or Lots 1 and 2 must be
replatted so the building will no longer be on a property line, or obtain a waiver from
City Council.
[The italicized type was an amendment to the original comment]
Mr. Odom stated an existing horse stall is partially sitting on the property line. He commented
that if that portion [on the property line] could be moved then approval of the plat could proceed.
If removal cannot be accomplished, the applicant will need to obtain a waiver from City Council
to permit platting. The plan is to demolish the existing horse stalls and construct new stalls.
The applicant indicated she needs to retain the existing stalls [on the property line] to be used
for the horses until construction of new stalls is complete.
Mr. Taylor made a motion to approve the amendment for this plat; Ms. Metty seconded. The
motion carried.
Ms. Metty made a motion to approve the plat; Mr. Taylor seconded. The motion carried.
4. Case C 13 -05
Request for conditional use approval for outdoor storage within a General
Commercial (GC) zoning district. The applicant wishes to display used items in
front of her shop during working hours.
2501 East Montgomery Place
The applicant, Debra Meyer, requested conditional use approval for outdoor storage at 2501
East Montgomery Place. She recently opened a second -hand, retail shop specializing in
antiques and collectibles. She would like to display items for sale outside of the shop during
working hours. These items are used and meet the definition of outdoor storage which requires
a conditional use permit in a GC zoning district.
Staff considered the items displayed to not be compatible with the overall appearance in this
commercial neighborhood. This lot has frontage on Maplewood which is considered a major
commercial corridor. Outdoor storage does not create a positive impact on the overall image of
the City. Staff did not recommend approval of this request.
Seven (7) surrounding property owners were notified of this request. One (1) or 14.29% were in
favor of this request; none (0) were opposed.
Mr. Anderson made a motion to approve this conditional use application to permit outdoor
storage in a General Commercial zoning district at 2501 East Montgomery Place. Mr. Taylor
seconded.
Jeremy Curry and Debra Meyer were present representing the shop, Pickers Universe. Mr.
Curry stated the display of their merchandise outside has been an effective means of attracting
customers to their store. He commented the photograph shown by Mr. Odom was taken on a
day when there was an unusually large amount of merchandise outside. Mr. Curry noted the
articles for sale were displayed in a neat and tasteful manner during working hours.
P & Z COMMISSION PAGE 6 FEBRUARY 13, 2013
Chairman Nelson inquired about the nature of their business. Mr. Curry replied that items
ranging from antiques, electronics, collectibles, and jewelry are sold as well as new and used
merchandise. He noted the store buys and sells goods along with being a registered Ebay
trading assistant. Mr. Taylor asked if merchandise was displayed every day; Ms. Meyer
responded it would depend on the weather and the items in their inventory. She commented the
merchandise is high quality and not junky. When asked what their hours are, Mr. Curry
responded 10:00 a.m. until 6:00 p.m., Tuesday through Saturday.
Mr. Curry stated the business is not a resale shop and does not have a flea market -type
atmosphere. He mentioned there are new shelves and new display cases; they are trying to
create a different shop, not a resale shop. Mr. Anderson asked if the store was similar to
Tuesday Morning. Mr. Taylor suggested it was like an antique store. Ms. Meyer stated they
purchase items of value to resell and to resell on Ebay. She commented they have excellent
ratings on Ebay. Their store is not a resale shop or pawn shop. She referenced the television
show "Pickers" then stated they have pickers in Dallas and in Houston. She stated they are
trying to maintain a higher class [of store]. Mr. Curry stated they are a member of the Chamber
of Commerce and have sponsored YMCA teams.
Chairman Nelson asked if their business was a franchise or individually owned. Ms. Meyer
stated this store is the beginning of what they hope would be a franchise. Mr. Taylor
commented they selected a great location and the applicants agreed.
To questioning Mr. Odom responded, there is outdoor storage and outdoor display. The
distinction is new versus used. He stated with outdoor storage there can be various degrees of
the condition of items displayed. If outdoor storage is permitted, there must be control over the
condition and appearance of items. Mr. Odom noted there was no consistency with the
displayed items according to the photograph he presented.
Mr. Anderson asked about car dealers who display used cars; the City does not regulate the
kind or type of cars. He asked if used cars would be considered outdoor storage. Mr. Odom
replied operable vehicles are classified in a different category.
Mr. Anderson asked about broken equipment, such as tractors, which might be repaired by
Lowe's or Home Depot then displayed for sale; Mr. Odom replied those items would be
considered outdoor storage. Items displayed that are new are not considered outdoor storage.
Mr. Anderson stated Michael's Arts and Crafts routinely displays items in front of their store;
some items look good and some do not look good. He stated there is a plethora of multiple
types of items in front of Michael's for sale or various stores throughout Wichita Falls. He
continued by stating we were discussing impacting a business's ability to sell its products and
advertise what is [available] in the store.
Mr. Curry stated they have experienced a 60% increase in sales from the time they began
displaying merchandise outside. Mr. Anderson stated he drove by their store after hours to see
what type of store it was.
Mr. Browning asked if there were distance guidelines for items to be displayed. Mr. Odom
suggested the placement of merchandise from the street could be a condition of approval. Mr.
Hegglund added the Commission could also consider placing time and date restrictions as
conditions of approval.
P & Z COMMISSION PAGE 7 FEBRUARY 13, 2013
Mr. Taylor ask if an amendment could be made to regulate the time merchandise could be
displayed. Mr. Hegglund stated there could be conditions [of approval] regarding the time and
the location of merchandise. He stated the location would be more enforceable as opposed to
time constraints. Mr. Anderson commented it would probably not be a good idea to have items
along the sidewalks. He stated the owners would probably not want to leave merchandise
outside overnight. Mr. Curry stated the business closes at 6:00 p.m. and they start bringing
merchandise in at 5:30 p.m. He also remarked that, even though these items are for sale, this
is really advertisement for their business.
Mr. Taylor asked Mr. Hegglund if the time or the distance from the building should be a
condition. Mr. Hegglund stated the first concern would be the approval of outdoor storage then
a consideration for an amendment regarding time, location or any restriction the Commission
deems appropriate. Mr. Odom recommended, if the Commission is contemplating approval, the
next consideration would be to control the placement of the merchandise by stating a distance
or definite measurement that could be calculated and enforced. Mr. Browning commented
having merchandise on the grass and close to the street might become a traffic concern and
give the appearance of a flea market. Ms. Meyer suggested a measured distance from the
street rather than a distance from the building. Mr. Anderson stated a measurement from the
building could place the merchandise in the parking lot.
Chairman Nelson stated, during his terms on this Commission, outdoor storage has been in the
top three issues. This is a topic that is both subjective and objective at the same time. It is
subjective because of the definition of junk. It is easy to define used merchandise but used
merchandise can become junky quickly. It is clear about new merchandise. Also to be
considered with cases, such as this one, are the citizens' comments and traffic distractions. He
commented that an acquaintance of his remarked the merchandise displayed by this store
looked junky. Chairman Nelson stated he does not care for merchandise displayed on the
grass. He commented that the configuration of the parking lot with the building does not lend
itself to a clear area for merchandise being displayed.
Ms. Meyer agreed it might be a safety issue if merchandise were too close to the street and the
merchandise could be moved closer to the building but it would be on the grassy area. She
explained items are currently displayed on the grassy area near the door.
Mr. Anderson asked how long the business has been open; Mr. Curry responded it opened in
November [2012]. Mr. Anderson then asked how busy his store was and if the parking lot
reached capacity. Mr. Curry stated it had not.
Mr. Anderson suggested a compromise would be to use some of the parking lot close to the
building for display and sacrifice some of the parking. On the south side of the lot, there are
parking spaces for 25 or 30 cars so customer parking would not be hampered and items could
be displayed and not on the grass. Mr. Taylor stated keeping the merchandise closer to the
building would be preferable. Ms. Meyer commented that if items were close to the building,
they would be in the parking areas. She again stated a more feasible restriction would be a
determined distance from the street. Ms. Meyer stressed they are trying to establish a rapport
with the City and the comments from customers have been their store is the nicest store in
Wichita Falls for this type of business. She did note that stores downtown display merchandise
outside. Mr. Curry asked if the area immediately outside their door might be able to be used [for
outdoor storage].
P & Z COMMISSION PAGE 8 FEBRUARY 13, 2013
Mr. Browning remarked that once you receive approval for outdoor storage, the City has no
control over the quality of the items displayed. Ms. Meyer stated they take pride in the items
they have for sale.
Chairman Nelson stated the business and the quality of their merchandise is not being
questioned. There is long history of issues regarding outdoor storage in all areas of Wichita
Falls. This Commission has to be very concerned about what your business is doing, the type
of business, what is displayed, exactly where the items will be displayed, and the hours
merchandise is to be displayed.
Mr. Odom commented the City's issue is with the compatibility in that vicinity, not the concept of
outdoor storage. He questioned if outdoor storage was compatible in that area. Mr. Anderson
stated this case would not be considered if there were four new sets of tables with new chairs
and the business was a distributorship for those items. Would that business be violating codes;
Mr. Odom replied negatively. Mr. Anderson commented used merchandise falls in a different
category of outdoor storage. He then stated the Commission is concerned with the definition.
We are actually talking about the caliper of the quality.
Chairman Nelson stated new has a small range of items while used has a broader range. Mr.
Anderson reiterated this case would not be presented to the Commission if the merchandise
NWIM
Mr. Hegglund commented about the resale shops with outdoor storage on Kemp Blvd. After
the first one opened, a year later two additional resale stores opened. These businesses
affected the look of the north side of Kemp with garage - sale -type merchandise in their front
yards. It was an issue addressed by this Commission. Mr. Anderson asked about limiting the
number of items displayed. Mr. Odom replied that could be done.
Chairman Nelson stated staff's concern regarding compatibility should be taken into
consideration. He commented his initial thought was this area was not suitable for any outdoor
storage because of the nature of Maplewood being a thoroughfare that is well landscaped. No
other businesses have outdoor storage on Maplewood; this is a developing area. Mr. Anderson
noted the Card & Party Factory has items displayed in the front of their location. Even though it
is 300 yards away, it is close.
Ms. Meyer commented her business looks much better than a vacant building just sitting there
and customers have commented they did not know this business was located there until the
items were displayed outside.
Mr. Anderson asked what their loss of potential income would be if this case is not approved.
Mr. Curry replied their business has gained 60% in revenue from the time merchandise was first
displayed outside. Mr. Anderson stated that in Mr. Curry's estimate over 60% of his business
would be lost if this case is not approved.
Chairman Nelson asked if there was anyone in the audience that wished to comment on this
case; there were no comments. He then asked if the Commission members had any questions
for the applicants; there were none. Chairman Nelson closed the meeting for public comments.
Chairman Nelson asked for clarification of the motion on the floor. Mr. Odom stated the motion
is for the approval of outdoor storage. Before voting on the initial motion, the Commission
should make another motion to amend the first motion and vote. Mr. Anderson asked if he
should amend the previous motion. Chairman Nelson stated he should make a motion with the
conditions or amendments then there will be a vote. The original motion will be voted on after
the vote for the motion with the conditions.
P & Z COMMISSION PAGE 9 FEBRUARY 13, 2013
Mr. Anderson made a motion for outdoor storage merchandise to be displayed on the concrete
parking lot within 25 feet of the building and between the hours of 10:00 a.m. and 6:00 p.m.
Ms. Metty seconded.
Ms. Metty stated it would be nice to have a permanent awning to protect the merchandise and
attract attention. This would add professionalism [to the outdoor storage] so it would not look
like a cluttered flea market.
The Commission voted on the amended motion; six (6) were in favor and one (1) was opposed.
The opposed member was Chairman Nelson.
Chairman Nelson stated he was very concerned about compatibility with the surrounding area.
He stated a Maplewood location was not appropriate for this type of business with outdoor
display. Mr. Kidwell reminded the Commission when Sears was located in that building a tent
was located there which sold refurbished lawn mowers. Mr. Browning commented the tent and
merchandise was displayed for specials and sales. Ms. Metty said there was a furniture store
on Kell with display.
Mr. Anderson stated Toys "R "Us has all types of merchandise displayed. Mr. Browning
interjected the merchandise is new. Mr. Anderson replied Mr. Browning was talking about
image. Mr. Browning then stated he was talking about black and white on the rule of new and
used. Mr. Anderson stated Toys "R "Us has merchandise outside, regardless of whether it is new
or not, that cannot be seen from Maplewood. This store happens to face the other direction
[and can be seen from Maplewood].
Chairman Nelson stated that he hoped the Commission was not overlooking the compatibility
issue for the future. There will be other businesses located in the surrounding area. If this store
is allowed outdoor storage, other businesses will request the same. Chairman Nelson reminded
the Commission what they are being tasked with is the planning of the future of Wichita Falls.
Ms. Metty mentioned Walmart cordoning off outdoor displays in their parking lot. Chairman
Nelson stated these businesses are not on Maplewood and cannot be seen from Maplewood.
The approval of this request would be adding clutter to a nicely landscaped thoroughfare
through the southern part of Wichita Falls. Mr. Browning stated those stores are displaying new
merchandise, not used items. He stated there is an empty building where Office Depot was
located that investors are trying to lease. When those people turn onto Montgomery, what are
they going to see.
Mr. Anderson stated if the City feels Maplewood is somewhat sacred in nature based on the
way it is landscaped, then it should be replatted to not permit businesses [to locate there]. He
continued by stating "we put a business there, the business has to be able to flourish and make
its money. If we don't want businesses to be in that area because of the way we've landscaped
and drawn it, then we should seriously consider looking back at those properties that face
Maplewood and say that is not permitted in this area. People have applied for a business
license and people are working to make their business work and for us not to allow them to do
that has potentially damaging effects to that business and now we go back to another vacant
building where you're not making tax money or revenue..." Chairman Nelson interrupted by
stating the Commission is only concerned with one issue which is outdoor storage. Mr.
Anderson replied, "I see that but we know it's going to have a negative effect and if they lose
60% of their business at some point how much business are they going to lose. It's a
consideration there."
P & Z COMMISSION PAGE 10 FEBRUARY 13, 2013
Mr. Taylor stated he saw Chairman Nelson's point and he agreed with him. He commented if
this outdoor storage is permitted with items not displayed 24/7, we [the Commission] would
have to base a decision on another outdoor storage request from a business at the time it is
presented to this Commission [for approval]. Mr. Taylor asked Mr. Hegglund for his advice.
Mr. Hegglund stated the decision for this case will have an effect on future case decisions along
Maplewood. Once one business receives approval for outdoor storage, it is difficult to refuse
another request for outdoor storage on Maplewood. Mr. Taylor stated the Commission can
place conditions of approval on future requests. Mr. Hegglund commented there might not be
another applicant requesting outdoor storage for antiques; the request might come from a pawn
shop.
Mr. Anderson stated there are no other buildings in that area. Mr. Browning stated that is the
point today to attract more businesses. Mr. Taylor stated he wanted this business to succeed.
Chairman Nelson stated that has not been the issue before this Commission. He commented
he would like to see the numbers on the 60% [increase in business from outdoor storage]. It
would have been helpful to view spreadsheets from November through January.
Mr. Hegglund stated there are zones in Wichita Falls where outdoor storage is permitted. In
General Commercial, conditional use approval is required.
The vote for the main motion was six (6) were in favor and one (1) was opposed. The opposed
member was Chairman Nelson.
Chairman Nelson thanked the applicants for participating in this meeting and wished them
success with their business.
VI. OTHER BUSINESS
1. City Council Update
Mr. Odom stated no items from this Commission were presented to Council since the last
Planning and Zoning Commission meeting.
2. Other Items
Chairman Nelson announced his family is relocating to the Metroplex. He continued by
informing the Commission this would be his last meeting as Chairman and a member of this
Commission. He stated he has thoroughly enjoyed serving the City and the people of Wichita
Falls. He said he looked forward to keeping in touch.
VII. ADJOURN
The meeting adjourned at 3:02 p.m.
R. C. Taylor, Vice Chirman
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Date
P & Z COMMISSION PAGE 11 FEBRUARY 13, 2013
ATTEST:
Marty Odom, Dept.
Development
3 h .3 led 1.7
Date