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04-07-2009 (Planning & Zoning) Minutes Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, April 7, 2009— 6:30 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Vice-Chairman Phillip Johnston called the meeting to order at 6:34PM. Those present besides Vice-Chairman Johnston were; Commissioner John Manganilla, Commissioner Ramona Kopchenko and Commissioner Ruthie Wright. Chairman Dennis Larson, Commissioner Willie Osborne, and Commissioner Tim Bennett were absent. Staff present was Renae 011ie, Planning Director, Charles Lee, Senior Planner, Jasen Haskins, Assistant Planner, and Mary Bradley, Administrative Assistant. INVOCATION & PLEDGE OF ALLEGIANCE Commissioner Kopchenko gave the invocation and Commissioner Manganilla led the pledge of allegiance. CITIZENS COMMENTS Vice-Chairman Johnston opened the Citizens Participation. With no one approaching the Commissioners Vice-Chairman Johnston closed the Citizens Participation. CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the March 3, 2009, Regular Meeting. A motion was made by Commissioner Kopchenko, and seconded by Commissioner Manganilla, to approve the minutes from March 3, 2009 Regular Meeting, as submitted. Motion carried 4 — 0, with Commissioner Osborne, Commissioner Bennett, and Chairman Larson being absent. Minutes April 7, 2009 Wylie Planning and Zoning Board Page 1 of 5 REGULAR AGENDA Action Agenda 1. Consider a recommendation to the City Council regarding a Final Plat for Southbrook Phase III, creating twenty-three (23) residential lots on 7.0 acres, generally located east of S. Ballard, south of Martin Drive and south of the Twin Lakes Subdivision Phase I. Ms. 011ie reported that the property was annexed into the city on March 31, 2009, and was subject of a Developer's Agreement approved October 28, 2008. The Developer's Agreement specifies that the Final Plat can be approved prior to the Zoning of the property. The Zoning will be considered by this Commission in May, 2009. The Comprehensive Land Use Plan designates this property as Low Density Residential requiring a one acre minimum lot size with a minimum dwelling size of 3,000 square feet. However, due to the constraints of the tract and its connectivity to existing subdivisions limits the land design thereby supporting more of an infill tract. The minimum dwelling size is 1,957 square feet with an average lot size of 10,000 square feet. With no questions for staff, a motion was made by Commissioner Manganilla, and seconded by Commissioner Wright, to recommend approval to the City Council regarding a Final Plat for Southbrook Phase III, creating twenty-three (23) residential lots on 7 acres, generally located east of S. Ballard, south of Martin Drive and south of the Twin Lakes Subdivision Phase I. Motion carried 4—0. Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed Uses. Mr. Haskins stated that the purpose of this revision is to create the boundaries and design standards of the South Ballard Overlay(SBO) District and to establish the allowable uses. As market and social conditions change, land use, space, design and function within the ordinance must change also. However, it is important to identify those areas that we desire to reflect the rich history and community values of Wylie. If approved, the amended ordinance would not require any changes to existing buildings, but would apply to new developments and/or expansions. There is no desire from the City to demolish existing stable residential or non-residential buildings, in order to conform to the proposed ordinance. A majority of the lots in the proposed area are currently legally non-conforming structures as well as non-conforming lot sizes. Minutes April 7, 2009 Wylie Planning and Zoning Board Page 2 of 5 The proposed South Ballard Overlay boundary is roughly the area east of Birmingham, north of Stone, south of Butler, and west of Ballard (including the lots on the east side of Ballard). Of the total lots within the proposed district, the breakdown of the lots include; one Multi-Family (MF) lot, 19 Single-Family lots that are currently owner occupied, 48 Single-Family lots that are rental properties, 6 commercial lots and 22 completely vacant lots. The South Ballard Overlay District allows for a broad mixture of compatible uses and provides special development and design standards that create a multi-use, pedestrian friendly, sustainable place, that will enhance the architectural character of the area and be compatible with Downtown Historic District. The proposed amendment offers specific place-making elements in order to effectively create lots and structures that adhere to the stated purpose of the proposed Ordinance. According to State Law, 240 notifications were mailed to all effected property owners within 200 feet, 27 responses were returned. There were 8 in favor and 19 against the requested amendment and zoning reclassification. Commissioner Kopchenko expressed a desire to extend the Downtown Historic District and allow different architectural styles instead of having a separate overlay. She recommended the architectural styles be spelled out in writing, which would alleviate square box structures with no architectural style. Commissioner Wright asked for clarification of legally non-conforming structures. Mr. Haskins stated that legally non-conforming means that when the city changes the zoning, but the structure remains occupied and consistent, the structure becomes legally non- conforming. If the structure is empty for over six months and/or changes uses or is expanded, all vested rights are gone. The structure must be then brought up to current codes. Vice-Chairman Johnston opened the public hearing. Mr. John Yeager, 402 Woodhollow, property owner of four lots within the proposed South Ballard Overlay, and spoke against the amendment due to lack of flexibility. He stated that he was in opposition of expanding downtown historic because two existing structures that he owns would become legally non-conforming. Mr. Steven Alterie, 416 S. First St, property owner, expressed concern of the alley. Ms. 011ie stated that there were no current plans for the alley between Ballard and First Street. Mr. Joe Warren represented Mr. Edward Baugh, 605 S. Jackson, spoke against the proposed boundaries and suggested that the zoning remain as is on Jackson, but recommended changing the zoning for Ballard Street only. Mr. Warren questioned how the legally non-conforming use worked if improvements were made to the existing residence or if a property owner wished to expand onto another lot. Ms. 011ie stated that major structural improvements or expanding the residence onto another lot would not be allowed unless the property was re-platted and built under the current code. Mr. Warren questioned what type of structures the city would develop. Ms. 011ie stated that the city Minutes April 7, 2009 Wylie Planning and Zoning Board Page 3 of 5 is merely rezoning the area and would not be developing any of the property, or advocating for any developer to come in and take property. She further stated that for development or redevelopment to take place, current property owners would have to redevelop the property or sell the property to someone else to develop/redevelop. Ms. Joy Prather, 202 Jackson Circle, spoke against the zoning change. Ms. Prather expressed concern of the traffic and the concern of tearing down her home. She further stated that no one shops downtown anymore, and expressed opposition for commercial. Ms. 011ie stated that the city has taken action on several houses within that area because the houses were declared dangerous, structurally unsound, and uninhabitable. The city does not own the land once the structure is demolished, the property owner is to maintain and is responsible for the taxes on the property. Ms. Prather questioned if taxes will be raised if new commercial development comes. Mr. Haskins responded that hopefully this will have an opposite impact on the taxes. As new commercial development comes in the more sales tax is paid, and the lower the taxes on the property. Mr. Raymond Cooper, 301 Dogwood, property owner of several lots within the proposed overlay, spoke against the zoning change. Mr. Cooper stated that in the city of Rowlett a similar overlay was approved, and the property owners are not happy with the outcome. The proposed zoning change will stop progress. He recommended that on South Ballard the zoning be straight commercial, and leave the zoning on the property between Birmingham and Ballard as Single-Family Residential. Mr. Cooper questioned if the impact fees was ironed out, and that several projects have been halted because of the fees. Ms. 011ie stated no that it is being discussed between Council and the City Engineer. Mr. Cooper stated that in order for this proposal to work, the city would need to become very developable friendly, solve problems instead of being the problem. Ms. Nan Smiley, 605 S Jackson, spoke in favor of the zoning change and questioned the time frame for condemning a house. Ms. 011ie stated that it is a lengthy process and regulated by State Law. Mr. Bill Williams, 3506 S Glenbrook, Garland Texas, owner of property on the corners of Ballard and Calloway and S. Jackson and Calloway, questioned if the property is developed will there be impact fees. Ms. 011ie responded yes under current codes there would be impact fees. Mr. Williams questioned the type of uses for the area. Ms. 011ie responded that a commercial and/or office type uses would be allowed. However with the narrowness of some of the lots, a restaurant with a drive-through more than likely would not fit. Mr. Williams expressed favor of two-story buildings, with commercial on the first floor and residential on the second floor. Mr. Lee explained that impact fees initial concept was when new development came in, the fee would offset the existing infrastructure, for example; roadways, utilities, fire lane. Vice Chairman Johnston closed the Public Hearing. The Commissioners discussed amending the boundaries for the proposed overlay. After the discussion, the Commissioners recommended that staff look at other cities that have similar overlays. Ms. 011ie confirmed that the boundaries for commercial zoning be Minutes April 7, 2009 Wylie Planning and Zoning Board Page 4 of 5 along Ballard and those lots north of College Street. The area from College south to Stone Road and west to Birmingham with architectural styles including but not limited to historic style be residential. Mr. Johnston expressed desire to have all of Ballard bezoned Commercial on first floor and residential on the second floor. A motion was made by Commissioner Wright, and seconded by Commissioner Manganilla, to table Zoning Case 2009-01 to May 5, 2009,to allow staff adequate time to revamp the commercial and residential zoning boundaries as it relates to amending Ordinance 2001-48, Article 6, with the proposed addition of Section 6.4 and the creation of the south Ballard Overlay, including district boundaries and design standards. Motion carried 4—0. MISCELLANEOUS Ms. 011ie asked for appointment of a chair person because Vice Chairman Johnston will be unable to attend the meeting on April 21, 2009. Commissioner Kopchenko stated that she would be happy to fill in as chair person at the April 21, 2009 meeting. ADJOURNMENT A motion was made by Commissioner Kopchenko, and seconded by Commissioner Manganilla, to adjourn the meeting at 7:55PM. All Commissioners were in consensus. Philip J ton,Vice-Chairman ATTEST: A cb/A Ma rad y,Administrate Assistant Minutes April 7, 2009 Wylie Planning and Zoning Board Page 5 of 5