Planning and Zoning Commission Minutes - 01/14/2015MINUTES
PLANNING & ZONING COMMISSION
January 14, 2015
PRESENT:
James Wingo, Chairperson ♦ Members
Barney Brock, Vice Chairperson
Jeff Browning
Rick Graham
Rodney Martin
Karla Metty
Shannon Rutledge- Hopkins
Justin Jones ♦ Alternate #1
Dan Leslie ♦ Alternate #2
Michael Smith, Councilor -at -Large +
James McKechnie, Assist. City Attorney 11 + Legal Dept.
Karen Gagne, Planning Administrator ♦ City Staff
Loren Shapiro, Planner III
Christopher Guess, Planner II
Ricky Horton, Plan Reviewer
Diane Parker
ABSENT:
Ben Hoover + Council Liaison
Johnny Combs +
Anthony Inman +
1. CALL TO ORDER
The meeting was called to order by Chairperson Metty at 2 :05 p.m. She welcomed the newly
appointed members, Shannon Rutledge- Hopkins and Justin Jones. Then Chairperson Metty
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.
P & Z COMMISSION PAGE 2 JANUARY 14, 2015
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.
d. Please silence all cell phone ringers during the meeting. [f it is necessary for you to
have a cell phone conversation during the meeting, please use the hallway outside this room.
II. NOMINATION AND ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Chairperson Metty stated she anticipated moving out of state in the next few months and would
be unable to serve again. Mr. Martin nominated James Wingo for Chairperson; Mr. Graham
seconded. The motion carried. Mr. Wingo asked Chairperson Metty to preside over this
meeting; he will take the chair at the February meeting.
Mr. Martin made a motion to nominate Barney Brock for Vice Chairperson; Mr. Leslie seconded.
The motion carried.
Ill. PUBLIC COMMENTS
No one from the audience wished to address the Commission.
IV. APPROVAL OF MINUTES
Mr. Martin made a motion to approve the minutes of the December 1 and December 10, 2014
meetings. Mr. Brock seconded the motion. The minutes were approved with a unanimous vote.
V. CONSENT AGENDA
FINAL PLAT
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 the Final Plat
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.
P & Z COMMISSION PAGE 3 JANUARY 14, 2015
Bridge Creek Estates, Section 7, Block 1, Lot 37; Block 4, Lots 42 — 47 & 75 — 83;
Block 5, Lot 2; Block 11, Lots 1 — 9; Block 12, Lots 6 — 9; Block 13, Lots 1 -13;
Block 14, Lots 1 — 9; Block 15, Lot 4; Block 16, Lot 8; Block 17, Lots 6 — 11; &
Block 18, Lot 12
1. Extend public sewer, water, drainage and streets to serve all lots. (Public Works)
2. Plot the actual field surveyed location and depth of the 48" raw water line and any
valves, boxes on the Plat; provide state plane coordinates of actual field location and
depth to the Department of Public Works. (Public Works)
3. Label on the plat the lots that will be detention basins as "Detention Lot ". Detention
basins require outfall into drainage easements /facilities. (Public Works)
4. Abandon utility easements that exist thru detention basins. (Public Works)
5. Abandonment of the irrigation canal easement will require approval from the
WCWD #2 Board of Directors. (Public Works)
6. Some utility easements, as determined by the Department of Public Works, may
require a 20 foot minimum width due to pipe sizes or depth of lines. (Public Works)
7. All access points to State roadways shall be approved by TxDot. (TxDot)
PLAT VACATIONS:
A. Belair Addition, Unit Nine, Lot 25, Block 10
Dedicate right -of -way by separate instrument. (Planning)
B. Brandywine Estates, Section 1, Lot 24 -A Block 1
N/A (Planning)
Mr. Graham made a motion to approve the Consent Agenda; Mr. Leslie seconded. The motion
carried.
VI. REGULAR AGENDA
1. Case P 15 -01
Request for an approval of a Final Plat for Belair Addition — Block 9, Denton
County School Land League 1, A -58
This is a final plat request to create residential lots, dedicate a street, and install infrastructure
in Block 9, Denton County School Land League 1, A -58. This property contains approximately
16.78 acres of unplatted and undeveloped land. Currently, no approved preliminary plat is on
file with the City of Wichita Falls for this tract.
Upon staff's evaluation of the plat the following conditions, which relate to the absence of an
approved preliminary plat were discovered:
1. Unable to determine necessary easements without sewage /water /drainage master plans
which would accompany a preliminary plat. (Public Works /Planning)
2. Unable to determine municipal infrastructure layout without sewage /water /drainage
master plans which would accompany a preliminary plat. (Public Works /Planning)
3. Unable to determine width of "Alexandria Street" without a preliminary plat.
(Planning /Public Works)
o Plat shows 50'
P & Z COMMISSION PAGE 4 JANUARY 14, 2015
o Thoroughfare plan shows a minor collector that ties to Kell Boulevard in which
case the width would be 60'
Per Appendix A — Subdivision and Development Ordinance, Section 5.4.A. "Processing of final
plat ".
• No final plat will be considered unless a preliminaryy plat has been approved b the
Commission. If circumstances prevail in which a single un latted parcel m v
i � g p p may be platted into
lots in only one obvious manner, no preliminary plat will be necessary. The Planning
Department shall determine the necessity of preliminary plats in such cases.
The director of community development may approve minor plats involving four or fewer lots
fronting on an existing street and not requiring the creation of any new street or the extension of
municipal facilities. The director of community development shall not disapprove such plat but
refer any plat that he refuses to approve to the Commission.
Staff indicated that a preliminary plat is required and requested the applicant withdraw the final
plat application. It was suggested a preliminary plat submission accompany the final plat to
allow staff to review complete content and information. However, the applicant wanted to move
forward with the final plat. It is impossible for staff to thoroughly evaluate this final plat and offer
a comprehensive set of conditions based on current information.
Staff Recommendation:
Staff believes proceeding with this final plat is premature and recommends denial of this
request.
If the Commission opts to approve this plat, staff recommends the following conditions:
1. Label all proposed streets as "herein dedicated." (Planning)
2. Dead -end streets shall not be allowed except as provision for future streets with temporary
turnaround. (Planning)
3. Please add the flood zone note and the standard note regarding compliance with the storm
water ordinance: "Compliance with the current Stormwater Detention Ordinance will be
required on this property before building permits will be issued ", to the plat.
4. Contingent on previous plat vacation. (Planning)
5. Contingent on preliminary plat approval. (Planning)
6. All access points to State roadways shall be approved by TxDot. (TxDot)
Mr. Guess stated staff is unable to determine easements and the municipal infrastructure layout
without the sewage, drainage and water master plans which usually accompany a preliminary
plat.
There was no one present from Biggs and Mathews to represent this plat. Chairperson Metty
closed the public comment portion for this case and opened discussion by the Commission
members.
P & Z COMMISSION PAGE 5 JANUARY 14, 2015
Mr. Wingo asked why the applicant wished to proceed without the preliminary plat being filed.
Mr. McKechnie stated the developer and the engineering firm work together creating the plats
for a development. The preliminary plat lays out the development showing streets, water and
sewer lines, and the necessary infrastructure. Mr. Guess stated without the plans, city staff
cannot determine if the infrastructure would be viable. He continued by stating any staff
recommendations or determinations would be based on an incomplete application.
Mr. Wingo asked what reason the applicant gave for not following the proper procedure. Mr.
Guess stated the engineering firm plans to submit a preliminary plat next month and felt
withdrawing the final plat would not be beneficial even though they were aware staff was going
to recommend denial to the Commission.
Chairperson Metty stated she felt an approved preliminary plat was necessary for the safety of
the citizens.
Mr. Martin made a motion to approve this plat; Mr. Wingo seconded. The vote was zero (0) in
favor and nine (9) opposed. The final plat for Belair Addition — Block 9, Denton County School
Land League 1, A -58 was denied.
2. Case C 15 -01
Request for a conditional use to allow a medical office over 1,200 square feet
within the Limited Commercial (LC) zoning district.
4310 & 4314 Kemp Boulevard
This conditional use request was submitted to expand an existing 4,641 square foot medical
office building by an additional 2,171 square feet.
Clarke Eyecare Center will consist of two building additions connecting to the two existing
medical offices. Section 6220, Parking schedule, requires one parking space for every 200
square feet of floor area for medical offices. Therefore, the 6,812 square foot medical office
(including the additions) requires 34 parking spaces. The applicant will provide 37 parking
spaces.
Section 6810(B)(2) indicates that if renovation of a building over a three - consecutive year
period causes the minimum cost to be 25 percent to 40 percent of the tax appraised value of
the building, landscaping shall be required according to the standards under Section 6810
(Minimum Landscape Requirements). The improvements are 40 percent of the 2014 tax value
of the property. Therefore, two additional shade trees will be added along Kemp Boulevard,
meeting the requirement needed for remodels or improvements to property.
A new driveway is proposed on the west side (rear) of the property, at the intersection with
Wolfe Street. A wrought iron ornamental security gate, with rods, will be provided at the
driveway intersection with Wolfe Street. An existing 6 foot high wood fence is currently located
along the west property line along the street. Staff recommends a sign on the inside of the
access gate cautioning pedestrian traffic along Wolfe Street.
Staff believes this proposal is compatible with the neighborhood and recommends approval with
the following conditions:
1. An ornamental wrought iron gate, with rods, matching the height of the existing wood
fence, shall be provided at the new driveway access along Wolfe Street.
P & Z COMMISSION PAGE 6 JANUARY 14, 2015
2. A sign shall be posted on the inside of the metal gate along Wolfe Street to caution for
pedestrian traffic on the sidewalk.
No one was present at the meeting representing the applicant. There were no citizens present
that wished to comment on this case. Chairperson Metty closed the public discussion portion of
the meeting and opened the Commission comments portion.
Chairperson Metty asked about the requirement for additional landscaping when the City is
experiencing a catastrophic drought. Mr. Shapiro explained the landscaping plan is required but
the applicant will sign a letter of committment requiring installation of the landscaping when the
City returns to the Stage li Water Restrictions.
Mr. Jones questioned why the ornamental gate is a condition when the applicant initiated the
suggestion. Mr. Shapiro stated it was important to include it because it emphasizes the type of
fencing; staff did not want a wooden privacy fence. He continued by informing the Commission
the sign, located on the interior side of the gate, is to caution drivers to watch for pedestrians.
Mr. Browning made a motion to approve this request with the staff conditions; Mr. Martin
seconded. The motion carried. Conditional use approval was granted to permit a medical office
over 1,200 square feet in the Limited Commercial zoning district at 4310 and 4314 Kemp
Boulevard.
3. Case C 15 -02
Request for a conditional use to allow light manufacturing in the General
Commercial (GC) zoning district.
4385 Seymour Highway (4401 Seymour Highway — legal address)
A conditional use approval was requested to permit light manufacturing on a property zoned
General Commercial (GC).
The applicant, Curtis Jennings with Visjon Biologics, will be locating in an existing 24,000
square foot warehouse on the subject property. The building is one of four commercial
structures on the 10 acre parcel at the southeast corner of Seymour Highway and McNiel
Avenue.
Mr. Jennings proposed to repackage bulk granulated peat in 1.5 ounce to 40 pound bags. The
granulated peat is a soil amendment used by farmers. The bulk peat is delivered in large 2,000
pound sacks at the front portion of the building. The granulated peat is blended and treated with
water and natural supplements before it is repackaged based on customer orders. The final
packaged product is then brought back to the loading area for shipment. The entire process
and storage of the raw and final product will be indoors. The applicant indicated that a dust
collection system will be installed to combat dust from the peat. In addition, the applicant stated
that the product is certified organic and non- toxic. Visjon Biologics has two other facilities, one
in Kansas and the other in Indiana.
The proposed light manufacturing is a compatible use with the surrounding commercial
buildings. All operations and storage will be inside, and the use should not produce sound,
odors, or light that will negatively impact the nearby single family homes to the east and south.
P & Z COMMISSION PAGE 7 JANUARY 14. 2015
Staff believes this proposal is appropriate and harmonious with the neighborhood; staff
recommends approval.
Mr. Shapiro stated the Fire Marshall was contacted regarding the safety of this operation. He
informed staff that granulized peat is combustible but it needs a heat source to become
flammable and dangerous. Mr. Shapiro informed the Commission that moisture is added to the
processing which reduces the impact. He noted the change of use for the building will require it
to comply with the building and fire codes.
Mr. Shapiro stated the charge of the Commission for this case is to determine if conditional use
approval for light manufacturing will be an appropriate use for this property which is zoned
General Commercial.
Mr. Jennings stated he owns Visjon Biologics and has been associated with the agricultural
industry for 16 years. He informed the Commission he owns two plants and their production and
packaging is at an above capacity level. He stated this plant would provide products for East
and West Texas, Louisiana and Arkansas. He explained the details of the product processing
and packaging which coincided with his power point presentation. Mr. Jennings explained this is
a profitable niche in the agricultural industry with his competitors being Monsanto and BASF.
Councilor -at -Large Smith stated he previously lived in the residential neighborhood behind this
location for 30 years. He was interested in the type of manufacturing and the impact on the
neighborhood. He received the notification [to the property owners in the surrounding 200 foot
perimeter of this location] and it did not explain the specifics of the light manufacturing business
or the potential effect on the neighborhood. He suggested these mailings should provide more
details to the property owners. Councilor Smith asked if other locations had experienced any
problems. Mr. Jennings explained self - contained dust collectors would be used. The product is
organic and not toxic. No noise or vibrations would result from the manufacturing process; the
machines run so quietly that noise protection gear is not required. Mr. Jennings stated his
system is automated requiring two office personnel and four or five production staff. The traffic
will consist of one or two semi - trailers per day to pick up deliveries.
The meeting was closed for public comments and opened for Commission member discussion.
Chairperson Metty asked the deciding factors for locating on Seymour Highway. Mr. Jennings
stated this location underwent extensive interior remodeling by the building owner to
accommodate the requirements of his operation. To questioning he explained the business is
seasonal; there will be two shifts daily from November through April, May through October
would have one shift daily. When asked about expansion, Mr. Jennings stated the interior has
high walls which would triple the storage capacity [using shelving on the walls]. He also stated
expansion would depend on the growth of the business. The Indiana and Kansas plants are at
capacity, 100,000 sq. ft. and 20,000 sq. ft. respectively. Mr. Jennings stated the building was
not sprinkled; Mr. Horton explained sprinkling was not required based on the building's square
footage. Mr. Jennings commented the employees wear a cloth filtering mask .
Chairperson Metty asked Councilor -at -Large Smith if he had comments; he stated it sounded
like a great opportunity for Wichita Falls. Based on Mr. Jennings' experience with the other
locations, his questions have been addressed. The Indiana plant is located outside the city
limits and the Kansas location is within the city limits.
& Z COMMISSION PAGE 8 JANUARY 14, 2015
Mr. Martin made a motion to approve this request Mr. Leslie seconded. The motion carried.
Condonal use approval was granted • allow light manufacturing in this General Commercial
zone at 4385 Seymour Highway (4401 Seymour Highway — legal address),
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