Planning and Zoning Commission Minutes - 10/08/2014MINUTES
PLANNING & ZONING COMMISSION
October 8, 2014
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Karla Metty, Chairperson ♦ Members
Barney Brock
Johnny Combs
John Kidwell, Assistant Chairperson
James Wingo
Anthony Inman * Alternate #1
Dan Leslie ♦ Alternate #z
Kinley Hegglund, Senior City Attorney ♦ Legal Dept,
James McKechnie, Assist. City Attorney
Bobby Teague, Assist. Director, Community Development; Building Official ♦ city Starr
Karen Gagne, Planning Administrator
Loren Shapiro, Planner III +
Alex Borrego, Code Enforcement Officer II
Ryan Chavis, Code Enforcement Officer I
Diane Parker
ABSENT:
Ben Hoover ♦ Council Liaison
Jeff Browning + Members
Rodney Martin
R. C. Taylor
Rick Graham
I. CALL TO ORDER
The meeting was called to order by Chairperson Metty at 2:00 p.m. Chairperson Metty 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 OCTOBER 8, 2014
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.
II. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
III. APPROVAL OF MINUTES
Mr. Kidwell made a motion to approve the minutes of the September 10, 2014 Planning and
Zoning Commission meeting, Mr. Combs seconded the motion. The minutes were approved
with a unanimous vote.
IV. CONSENT AGENDA
1. 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.
Wal -Mart Supercenter Addition, Lots 7 -A and 7 -13, Block 1
a. The site is served by public sewer and water. (Public Works)
b. Please show and identify corners of record, or other physical evidence used to establish
boundary per the Land Surveyor's Act. (Planning /Public Works)
c. Please locate existing monuments, and label the width of the right of way for Greenbriar
Rd, it appears to be of constant width in the area of these parcels. I reviewed the
previous plat; it does not indicate the width in this area either. (Public Works)
d. The relocation of the existing water line through proposed Lot 7 -13 is required prior to the
abandonment of the existing utility easement. (Public Works)
e. The previous plat for Wal -Mart Supercenter shows an additional utility easement in the
same vicinity as the utility easement to be abandoned, please clarify. (Public Works)
f. Please identify Greenbriar Road and Southwest Parkway (F.M. 369) as previously
dedicated. (Planning/Public Works)
P & Z COMMISSION PAGE 3 OCTOBER 8, 2014
CARPORTS:
2. Case C 14-44
Conditional use — request for a carport in the required front setback
1204 Sun Valley Drive
David Strickland requested conditional use approval to construct a carport in the required front
setback at his residence at 1204 Sun Valley. Three (3) properties located within the 200 ft.
perimeter of the subject property have carports in the front setback.
Twenty -three (23) surrounding property owners were notified of this request. Six (6) or 26.09%
replied in favor; none (0) were opposed; and, one (1) or 4.35% responded as undecided /other.
3. Case C 14 -45
Conditional use — request for a carport in the required front setback
4123 Alpine Drive
Sharon Pike requested conditional use approval to construct a carport in the required front
setback at her residence at 4123 Alpine Drive. Two (2) properties located within the 200 ft.
perimeter of the subject property have carports in the front setback.
Fifteen (15) surrounding property owners were notified of this request. Four (4) or 26.67%
replied in favor and none (0) were opposed.
Mr. Wingo made a motion to approve the Consent Agenda; Mr. Kidwell seconded. The motion
carried.
V. REGULAR AGENDA
1. Case 14 -42
Request for a conditional use permit to allow for outdoor storage in a General
Commercial (GC) zoning district
1800 Hayes Street
David MacLagan requested conditional use approval to allow outdoor storage at his business
located at 1800 Hayes St. Mr. MacLagan decided to locate a portion of the merchandise
outdoors during sale events due to the limited space indoors. The outdoor display attracted
more customers according to Mr. MacLagan.
Surrounding property owners complained to Code Enforcement about parking blocking
driveways and the outdoor storage. Code Enforcement directed Mr. MacLagan to seek
conditional use approval for outside storage and display.
Staff had concerns allowing outside storage to remain in front of the building after business
hours. Staff met with Mr. MacLagan on September 30th to discuss his proposal and business
plan. The meeting attempted to find options that could be supported, while complying with the
regulations and intent of our ordinances. The following conditions were agreed upon by staff
and the applicant:
The applicant proposes to use space under an awning and parking spaces immediately
in front of the building, along Hayes Street.
A sight visibility triangle, at the corner of Hayes Street and Avenue H, shall maintain no
obstruction in order to allow safe clear visibility for pedestrians and vehicles at the
intersection.
P & Z COMMISSION PAGE 4 OCTOBER 8, 2014
• The outdoor sale events would be limited to not more than 26 times per year and up to 3
times per month, but only Friday through Sunday, dawn to dusk.
• Outdoor displayed merchandise would be consolidated and covered, after hours, but
remain outside, for Friday and Saturday events. All merchandise, display tables, and
any other items would be removed from the outside after weekend events are
completed.
• No outside storage or display shall be allowed on other days.
• No outside storage or display shall be allowed in the right -of -way.
• Parking for sales events shall be onsite and prohibited on other properties.
• Two temporary signs directing customers to on -site parking shall be allowed in the right -
of -way of Hayes Street, between the sidewalk and the street pavement, next to the
designated parking area.
Parking shall be provided for outdoor sales event customers on the south side of the building.
In addition, two parking spaces along Hayes Street would remain open for the applicant's
medical clinic, which utilizes a small area in the building.
Staff recommended approval of this request with the following conditions:
1. Outside storage and display of merchandise shall be in conformance with site plan.
2. Outdoor display of merchandise shall be allowed not more than 26 times per year and
up to 3 times per month; only Fridays through Sundays dawn to dusk.
3. No outside storage or display shall be allowed on other days of the week.
4. Outdoor displayed merchandise and tables shall be removed daily, at dusk, between
consecutive days of events.
5. A sight visibility triangle, at the corner of Hayes Street and Avenue H, shall maintain no
obstruction in order to allow safe clear visibility for pedestrians and vehicles at the
intersection.
6. All merchandise, display tables, and any other items shall be removed from the outside
after the last day's event.
7. No outside storage or display shall be allowed in the right -of -way.
8. Two temporary signs directing customers into the designated parking area shall be
allowed in the right -of -way, in the grass areas, between the sidewalk and the pavement
of Hayes Street. The signs shall be removed at the close of business of the outside
sales events.
9. The location of off - premises, temporary, and advertisement signs shall be in
conformance with Section 6700 Sign Regulations.
10. Parking for sales events shall be onsite and prohibited on other properties.
11. Areas around or under outdoor storage materials or buildings shall be kept free and
clear of accumulations of grass, weeds, brush or other uncultivated vegetation;
12. All other development requirements must be met before the issuance of building
permits.
Mr. Hegglund informed the Commission that the time should be noted in hours when outdoor
storage will be allowed ( #2). He commented that dawn to dusk could cause a difficulty with
prosecution when the exact time is not specified.
Mr. MacLagan stated he is requesting conditional use approval to operate his business as he
has for the last five years, specifically having sale events for short periods of time, two to three
days. Some of the smaller items remain outside and are covered since they are difficult to
move. He stated his signs are not located in the right -of -way and he does obtain permission
from property owners before placing signs on property.
P & Z COMMISSION PAGE 5 OCTOBER 8, 2014
Citizens speaking in favor of Mr. MacLagan's business were
Kenneth Hibbs, 1807 Hayes; Royce Kent, 1806 Grant; Louis
Medaris, 1911 Margaret; Vicki January, 1111 Polk; Gina Green
James, Avenue H.
The summary of their comments included:
Carol Murray, 3203 Beech;
Simpson, 2 Brenna; Heather
5 Ramona Court; and, Josh
o People look forward to his sales
o The displays are very neat and tidy
o The business has an orderly and organized appearance
o No trash
o No traffic problems
o Essential business in the community
o Prudent about placing "No Parking" signs
o Business is always staffed, day and night, during sale events
o Unrealistic to require sale items moved indoors at night
o No theft, no pilfering
o Business has a return policy
Chairman Metty stated the case was closed for public discussion and open for comments by
the Commission members.
Chairman Metty noted Mr. MacLagan's display contained numerous compacted items. She
inquired about the interior of the building. Mr. MacLagan explained it was used for storage; it is
not a store.
Mr. Combs asked if Mr. MacLagan was a member of the Floral Heights Historic Neighborhood
Association; he replied he was. Then Mr. Combs asked if there had been any complaints from
the Association or Carolyn Looney; Mr. MacLagan stated there was a complaint about parking
three years ago and he addressed it immediately. Mr. Combs asked if items could be placed in
the visibility triangle. Mr. Shapiro stated there cannot be a visibility obstruction but flat items, like
rugs, could be placed there.
Mr. MacLagan stated it is not a problem to comply with this requirement; removing the outside
storage on a daily basis is more of an issue. Mr. Combs asked he would consider a
compromise to the dawn to dusk timeframe. Mr. Shapiro stated specifying an exact time based
on the seasons of the year would be a solution; Mr. MacLagan indicated he would be agreeable
to 6 a.m. until 9 p.m. Mr. Hegglund commented that 6 a.m. until 9 p.m. would work year round.
Mr. Inman asked about the restriction of 26 times per year. Mr. Shapiro explained this would
permit sale events to occur every other weekend. Mr. Inman asked if other businesses, such as
scratch and dent or blowout sales, have the same restrictions. Mr. Shapiro commented each
business would need to be reviewed separately, some are grandfathered, some offer only
services, some offer new sale items. Restrictions would apply to businesses displaying used
items for sale.
Mr. Combs stated he owns two properties in this neighborhood and is aware of this business.
Mr. MacLagan keeps a neatly organized business and the Homeowners Association does not
have a problem with it.
Mr. MacLagan stated it is a hardship to move the merchandise and tables at the end of each
day during an event. When Code Enforcement approached him several months ago, he tried
moving the items indoors but the difficulty is lack of space and increase in staff from two to five
people.
Parking was discussed with Mr. Hegglund stressing that Mr. MacLagan must comply with the
sign ordinance. Chairman Metty asked if the property owners could place a sign on their
P & Z COMMISSION PAGE 6 OCTOBER 8, 2014
property indicating "No Parking ". Mr. Hegglund stated a sign cannot discourage parking [on the
street].
Mr. Combs suggested allowing the applicant to keep the outdoor storage during sales events
and not move it indoors at the end of each day. Chairman Metty reminded the Commission that
recently the Commission denied a similar business the ability to store items outside overnight.
Mr. Wingo mentioned the difference was the previous business was open six days during a
week. The applicant is asking for outdoor storage for two events per month. This case is not
comparable to the previous case.
Fencing and barriers were discussed by the Commission. Mr. Teague stated that from a life
safety standpoint, a temporary fence would not be a good option because a high wind could
possibly blow it away causing damage or endanger people. The building code requires 90 mph
wind load ratings for all fences. In addition, fences over 6 ft. high require a permit. Mr. Teague
suggested allowing outdoor storage from 6 a.m. Friday until 9 p.m. Sunday.
Mr. Wingo made a motion to amend the original motion with the following conditions:
1. Outside storage and display of merchandise shall be in conforma nce with site plan.
2. Outdoor display of merchandise shall be allowed not more than 26 weekends per year
and up to 3 times per month; 6:00 a.m. Friday through 9:00 p.m. Sunday.
3. No outside storage or display shall be allowed on other days of the week.
4. Outdoor displayed merchandise shall be consolidated and covered, at dusk, between
consecutive days of events.
5. A sight visibility triangle, at the corner of Hayes Street and Avenue H, shall maintain no
obstruction in order to allow safe clear visibility for pedestrians and vehicles at the
intersection.
6. No outside storage or display shall be allowed in the right -of -way.
7. The location of off - premises, temporary, and advertisement signs shall be in
conformance with Section 6700 Sign Regulations.
8. Parking for sales events shall be onsite and prohibited on other properties.
9. Areas around or under outdoor storage materials or buildings shall be kept free and
clear of accumulations of grass, weeds, brush or other uncultivated vegetation;
10. All other development requirements must be met before the issuance of building
permits.
Mr. Combs offered the second. The amended conditions were approved unanimously.
Mr. Inman made a motion to approve outdoor storage at 1800 Hayes. The motion was
seconded. Outdoor storage was unanimously approved by the Commission.
2. Case C 14 -43
Request to expand a non - conforming garage
1312 Buchanan Street
Christine Stilley requested conditional use approval to expand a non - conforming, detached
accessory building toward the back of her residence located at 1312 Buchanan St. A
conditional use permit is required because the building does not meet the required side yard
setback and the applicant wishes to expand the building. This building is used as an apartment
and a garage; the proposed expansion would be an attached garage to that building thus
increasing the size of the apartment.
This building, garage and apartment, is 28 inches or 2.3 feet from the interior side property line.
The proposal is to extend the building no less than the current 28 inches from the side property
line.
P & Z COMMISSION PAGE 7 OCTOBER 8. 2014
On September 23, 2014, the Landmark Commission approved the proposed exterior design of
the expansion since it matched the primary residence and existing detached garage apartment.
The required interior side yard setback is 5 ft.; however, the expansion of the nonconforming
garage does not increase the degree of height or setback. The expansion will match the
existing detached accessory garage, as the side yard setback is proposed to be 28 inches, or
2.3 inches. The new expansion follows the side wall of the existing structure and does not
decrease the setback.
Ms. Stilley stated she is proposing to expand the apartment which would eliminate the garage.
She wants to enlarge the existing garage space forward to be the new garage. The existing
setback is 28 inches and the addition would conform to that measurement. She plans to replace
the concrete which will separate the front and back driveways.
Chairman Metty stated this case was closed for public comment and ope n for staff discussion.
Mr. Kidwell asked if the building would be attached. Ms. Stilley stated she plans to have it
attached.
Mr. Kidwell made a motion to approve this non - conforming use. A second was made. The
motion carried.
3. Case C 14 -46
Request for a conditional use permit to allow for oil drilling in a Single Family (SF -
2) zoning district
200 Valley View Rd.
Joel Hawkins of HW Operating, LLC requested conditional use approval to drill an oil well on a
Single f=amily -2 lot at 200 Valley View Rd. Initial operations will include the installation of a 100 -
ft. tall drilling rig for one week. A smaller workover rig of a maximum height of 90 ft. will operate
on the site for a couple of days thereafter during daylight hours. These rigs are temporary but
necessary during the beginning of the drilling process.
Ultimately, the permanent operation will consist of a pumping unit not more than 20 ft, tall and a
wellhead. A support storage facility, 680 ft. to the south, will include oil and water tanks and not
be more than 20 ft. in height.
The applicant shall submit detailed plans for review by the Public Works Dept. if this
Commission grants approval.
Oil and Gas Well Regulations (Section 6.4 of Appendix A, Subdivision and Development
Regulations) require that oil or fuel storage tanks or tank batteries and oil pumps shall be
completely enclosed by:
a. A minimum six -ft. tall, all metal chain -link fence with two -inch maximum mesh
interwoven with opaque slats, topped by at least three strands of barbed wire,
b. A solid minimum eight -ft. tall masonry wall, or
C. Other fencing material approved by the director of public works.
Other restrictions in the Oil and Gas Well Regulations (Section 6.4 (C) (3) of Appendix A,
Subdivision and Development Regulations) include a tank or tank battery shall not be located
nearer than 150 ft. from any residence or dwelling, or nearer than 30 feet from any combustible
structure.
P & Z COMMISSION PAGE 8 OCTOBER 8, 2014
Section 6.4 (1) states: It shall be unlawful to drill any well, the center of which, at the surface of
the ground, is located:
a. Within 25 feet of any storage tank or source of ignition;
b. Within 100 feet of any building accessory to the well, public street, road, highway, right -
of -way or property line;
c. Within 300 feet of any water well used as a potential source of drinking water;
d. Within 400 feet of any commercial or industrial building; or
e. Within 600 feet of any residence.
Section 6.4 (L) states: The floor of any drilling rig and the top of any well head shall be placed
at least one foot above the "base flood elevation" in any area of "Area of special flood hazard"
as such terms are defined in section 54 -26 of this Code. The base of any pumping units and oil
storage tanks must be placed above the "base flood elevation ".
Staff recommended approval with the following conditions:
1. An approved permit is required from the Texas Railroad Commission.
2. A permit issued by the Director of Public Works, or his designee, is required prior to any
oil well operation and in conformance with Section 6.4, Appendix A Subdivision and
Development Regulations.
3. All tanks, pumping units, compressors, and other powered equipment shall be
completely enclosed by a fence or wall consistent with Section 6.4 (C)2 and (E).
4. Installation of private roads used for access to drill and operate the site shall be a
minimum 10 feet wide, have overhead clearance of at least 14 feet, and contain
surfaces in accordance with the requirements of the Director of Public Works.
5. Wells shall be serviced from existing public streets and dedicated access easements.
Easements may be provided as separate instruments. Public access documents shall
be provided to the city.
6. If the well associated with an oil storage tank or tank battery is plugged, or if the storage
tank or tank battery is no longer in use, well, storage tanks or tank battery and
associated pipelines shall be removed and the land restored.
Mr. Hawkins stated the City has a comprehensive ordinance regarding drilling and maintaining
wells. His company has drilled wells in Wichita Falls and he is familiar with the process.
Chairman Metty announced this case is closed for public comment and open for discussion
from the Commission.
Mr. Wingo made a motion to approve this request; Mr. Kidwell seconded. The motion carried.
VI. OTHER BUSINESS
1. Case TA 14 -01 - Text Amendment— Discussion Item Only
Staff briefing regarding amendments to the Zoning Ordinance concerning
establishment of outdoor food court.
The City of Wichita Falls began researching mobile food vendor and food truck information in
2013 then revisited the issue in 2014 based on an increasing demand from potential mobile
P & Z COMMSSION PAGE 9 OCTOBER 8, 2014
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For basic zoning provisions related to the development of Outdoor food courts, the main
regulations for food establishments will be managed by the Wichita Falls-Wichita Co. Health
District under Chapter 26 — Business Regulations, Article V1. — Food and Food Vendors and
Establishments', Division 4 — Mobile Food Vendors,
Mr Shapiro stated no action is required at this meeting', however, the Commission's feedback
will assist staff in making 1h necessary adjustments in order to submit a text amendment as voting
item at the November 12 P&Z meeting. Then he gave an overview of the proposed text for the
establishment of Outdoor Food Courts as well as presenting photographs of food courts in
other communities.
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