Planning and Zoning Commission Minutes - 04/09/2014 MINUTES
PLANNING & ZONING COMMISSION
April 9, 2014
PRESENT:
John Kidwell, Vice Chairperson •Members
Barney Brock •
Johnny Combs •
Rodney Martin •
R. C. Taylor •
James Wingo •
Rick Graham •
Anthony Inman •Alternate#1
Kinley Hegglund, Senior City Attorney •Legal Dept.
James McKechnie, Assist. City Attorney •
Karen Gagne, Planning Administrator •City Staff
Monique Coleman, Planner II •
Leo Mantey, Planner I •
Diane Parker •
ABSENT:
Mary Ward •Council Liaison
Karla Metty, Chairperson •
Jeff Browning •
Dan Leslie •Alternate#2
I. CALL TO ORDER
The meeting was called to order by Vice Chairperson Kidwell at 2:00 p.m. He 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 speak into the microphone at the podium. This
meeting is being taped and there is no microphone to record statements made from the
audience.
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d. Please silence all cell phones 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.
For the record: Mr. Hegglund stated that Mr. Inman is an alternate member who will be
acting as a regular member due to the absence of one or more regular
members. He has full authority to vote, to make motions, and to perform
the functions of a regular member.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Mr. Taylor made a motion to approve the minutes of the March 12, 2014 meeting. Mr. Brock
seconded the motion. The minutes were approved with a unanimous vote.
IV. CONSENT AGENDA
REGULAR 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.
1. Faith Village Unit III, Lot 7-B, Block 73 (April 2014)
a. Please update year in Surveyor's signature block to 2014. (Planning)
b. Please provide a dimension for the dashed line along the north property line. Does the
line indicate a 5 ft. interior side setback? Please clarify. (Planning)
c. Please remove the third owner/developer signature block (in the middle). The individual
block for each owner with the notary signature line below will suffice. (Planning)
d. Please remove the Community Development Director signature block. The plat will be
placed on the Planning & Zoning Commission April 9, 2014 Consent Agenda. (Planning)
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e. Please show existing building footprints (even if there is a B.L.L. encroachment).
(Planning)
Add the following note to the plat:
Note: The existing building on this property was constructed prior to the
establishment of the 25 ft. B.L.L. by this plat, and is therefore "Grandfathered"as
a nonconforming use and will be subject to the provisions of Section 6100 of the
Wichita Falls Zoning Ordinance.
f. The Thoroughfare Plan indicates Kemp Blvd. as a major arterial, which requires 120 ft.
Please indicate a 10 ft. roadway easement along Kemp Blvd. frontage. (Planning/Public
Works)
g. Please dedicate a 10 ft. utility easement along Kemp. Blvd., Fleming Street, and Wolfe
Street. (Public Works/Planning)
h. A 25 ft. B.L.L. is required along Kemp Blvd, Fleming Street, and Wolfe Street.
(Planning)
i. Please provide utility slips. (Planning)
j. The site is served by public sewer and water. (Public Works)
k. Fleming "Street" should be labeled Fleming "Road". (Planning/Public Works)
I. In the vicinity map, Wolfe Street is misspelled and label Fleming as "Road"
(Planning/Public Works)
2. Kemp's Subdivision of W.M. A-193, Lots 7, 8, and 9, Block 1 (April 2014)
a. I don't see any easement to get to Lot 8 from Kovarik Rd. ***Need U/E [utility easement]
to property. (AT&T)
b. The 4.91 acre subdivision appears to be a part of a larger 18.93 tract. Please show the
full property boundary on the location map and shade the areas (Lots 7, 8, and 9) that
are being final platted. (Planning)
c. Lot 8 requires a lot width of 60 ft. at the B.L.L. (Planning)
d. Please update the tax collector signature block date to reflect 2014. (Planning)
e. Please provide utility slips. (Planning)
f. Please provide contours at 2 ft. intervals (Planning/Public Works)
g. The site is served by public water; approved on-site sewage systems will be required.
(Public Works)
h. The proposed plat on for the Kemp's subdivision of the William Mayer Survey, A-193 will
require a subdivision plan as defined under Title 30 Chapter 285 On-Site Sewage
Facilities Rule 285.4(c): Review of subdivision or development plans. Persons
proposing residential subdivisions, manufactured housing communities, multi-unit
residential developments, business parks, or other similar structures that use OSSFs for
sewage disposal shall submit planning materials for these developments to the
permitting authority and receive approval prior to submitting an OSSF application.
(1) The planning materials must be prepared by a professional engineer or professional
sanitarian and must include:
(A) an overall site plan;
(B) a topographic map;
(C) a 100-year floodplain map;
(D) a soil survey;
(E) the locations of water wells;
(F) the locations of easements, as identified in §285.91(10) of this title (relating
to Tables);
P&Z COMMISSION PAGE 4 April 9,2014
(G) a comprehensive drainage plan;
(H) a complete report detailing the types of OSSFs to be considered and their
compatibility with area-wide drainage and groundwater; and
(I) other requirements, including Edwards Aquifer requirements that are pertinent
to the proposed OSSF.
(2) If the proposed development includes restaurants or buildings with food service
establishments, the planning materials must show adequate land area for doubling the
land needed for the treatment units. The designer may consider increasing the amount
of land area for the treatment units beyond doubling the minimum required area.
(3) The permitting authority will either approve or deny the planning materials, in writing,
within 45 days of receipt.
I will need this information for the entire 18.93 acres not just the proposed 3 lots.
(72) Subdivision--A division of a tract of land, regardless of whether it is made by using
a metes and bounds description in a deed of conveyance or in a contract for a deed, by
using a contract of sale or other executory contract to convey, or by using any other
method. (City/County Public Health District)
CARPORTS:
Case C 14-09
Residential carport in the front setback
5135 Tower Drive
Mr. Daniel Morath requested conditional use approval to construct a carport in the front setback
of his residence on Tower Drive. No carports were found in the front setback of properties
located within the 200 ft. notification area.
Twenty-nine (29) surrounding properties were notified of this request. Seven (7) or 24.14%
replied in favor; none (0) were opposed; and, one (1) or 3.45% replied as undecided/other.
Mr. Taylor made a motion to approve the Consent Agenda; Mr. Graham seconded. The motion
carried.
V. REGULAR AGENDA
1. Case C 14-10
Request for a conditional use permit to place a manufactured home on a
residential lot in a Single Family-1 (SF-1) zoning district
269 Cartwright Road
Mr. Steven Neese requested a conditional use permit to place a manufactured home at his
residence on Cartwright Road. The home will be located north of the existing recreational
vehicle and between the north property line.
In the SF-1 zoning district, one primary residential use is permitted; however, an accessory
residential dwelling can be established when the principle use is residential and the lot is 10,000
or more sq. ft. The original residential building is 600 sq. ft.; the manufactured home is 960 sq.
P&Z COMMISSION PAGE 5 April 9,2014
ft. According to the ordinance, the original home will continue to be the primary residence with
the larger home as an accessory unit.
The existing structures on this property were built in 1986 after zoning was established;
however, this property was not in the city limits. In 1999, the city annexed the 3,293 acres which
included Mr. Neese's property. Land is automatically zoned SF-1 when annexed.
Upon approval of this conditional use, staff is requesting the following conditions be met for the
placement of the manufactured home:
1. Permanently attached to a permanent foundation system;
2. Continuous concrete slab with a minimum thickness of 4 inches;
3. Unit will have a covered entry dormer on any entry visible from Cartwright Road or right
of way;
4. Distance between the finished grade and the bottom of the exterior walls shall not
exceed 30 inches;
5. Foundation fascia/skirting shall form a complete brick or stone enclosure;
6. The driveway and other ground elements shall be consistent with the adjacent housing
unit in construction and materials. Therefore the existing drive will be sufficient for
development, but two paved parking spaces must be provided for the new structure.
This project is also subject to Building Code installation requirements.
Seven (7) surrounding property owners were notified of this request. Two (2) or 28.57% replied
in favor and none (0) were opposed.
Mr. Neese stated this home would be a residence for his elderly mother.
Mr. Taylor made a motion to approve this request; Mr. Graham seconded. The motion carried.
2. Case C 14-11
Request for an addition of 1,035 sq. ft. to the existing office building of 3,561 sq.
ft. for a total building area of 4,596 sq. ft. in a Limited Office (LO) zoning district.
4923 Lake Park Drive
Mr. Dennis Probst of Corlett, Probst & Boyd and representative for the applicant, requested
conditional use approval for a building extension of 1,035 sq. ft. to the existing 3,561 sq. ft.
office building. This action will create a 4,596 sq. ft. building, at 4923 Lake Park Drive which is
in a Limited Office zoning district.
History for 4923 Lake Park Drive
In 2013, a site plan was submitted to Planning for a 1,516 sq. ft. addition to this building.
Approval of the site plan required the following conditions:
1. The proposed addition was would have been over an easement. The alley was closed in
2012 but the easement was retained by the city (Ordinance 43-2012).
P&Z COMMISSION PAGE 6 April 9,2014
2. The addition did not meet the required 30 ft. setback.
3. Offices over 1,200 sq. ft. require conditional use approval in LO zoning. The original site
plan was approved by conditional use in 1989. Building additions would require
conditional use approval.
Mr. Probst recently began the process to abandon a portion of the easement in which the newly
proposed addition would encroach. A revised interim site plan for a 1,031 sq. ft. addition was
submitted in September 2013. This reduced addition will be in compliance with the 30 ft.
setback.
Upon approval of this conditional use, staff is requesting the following conditions be met for the
construction of this building addition:
1. Completion of the easement abandonment process;
2. Replatting of Lot 13, Block 9, Singleton Addition, Sec. 3 to ensure the addition is not
built over a property line;
3. Final site plan approval by the Planning Division;
4. The proposed addition must maintain all required setbacks. The addition must have a
minimum 5 ft. rear setback from the property line and the roof overhang shall not extend
over the property line; and
5. All other applicable development regulations (including but not limited to parking,
landscaping, buffering/screening as determined necessary, and the redirection of
commercial lighting from residential uses) must be addressed before building permits
are issued.
Twenty-six (26) surrounding properties were notified of this request. Three (3) or 11.54%
responded in favor and two (2) or 7.69% were opposed.
The applicant was not present at this meeting. There were no citizens or neighbors present for
discussion of this case.
Mr. Taylor noted one negative response referred to the outdoor lighting shining in his yard. He
visited the site and did not feel the lighting was a concern. He stated this issue might have been
resolved if the neighbor had attended this meeting. Ms. Coleman stated the neighbor, Mr.
Monty Toliver, called her regarding this concern and the encroachment of this addition towards
his residence. Staff is working to alleviate the adverse effects of the existing lighting and to
address the additional lighting if this request is passed. Mr. Brock mentioned it appears Mr.
Toliver's lighting issues come from 1806 Southwest Parkway, not 4923 Lake Park. There were
no complaints from 1707 or 1709 Mary which would be affected by this case.
Mr. Wingo asked if the applicant had plans for the alley which provides access to the residents'
homes. Ms. Coleman stated no plans or improvements were submitted to the Planning office.
Mr. Taylor commented that next to the paved parking lot is the alley which consists of two or
three feet of grass to the curb.
Mr. Graham asked if 1806 Southwest Parkway had objections; Ms. Coleman replied that 1806
and 1810 were in favor of this request.
P&Z COMMISSION PAGE 7 April 9,2014
Ms. Gagne stated this alley was previously closed by City Council. A notification was sent to
utility companies and city departments asking for comments regarding this easement
abandonment in the alley and dedicating the easement running along the front setback where
the utilities are located. Those comments will be addressed by staff.
Mr. Wingo made a motion to approve this case; Mr. Graham seconded. The motion carried.
VI. OTHER BUSINESS
City Council Update
Ms. Coleman stated there were no items from this Commission that required City Council action
during the last month.
VII. ADJOURN
The meeting adjourned at 2:24 p.m.
Jo Kidwell, Vice Chairperson Dat;
ATT ST:
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aren Gagne, Dept. of ommunity Development Date