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05-05-2009 (Planning & Zoning) Minutes Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, May 5, 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 6:31PM. Those present besides Vice-Chairman Johnston were; Commissioner John Manganilla, Commissioner Ramona Kopchenko, and Commissioner Tim Bennett. Commissioner Willie Osborne arrived late. Commissioner Ruthie Wright and Chairman Dennis Larson 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 Manganilla gave the invocation and Commissioner Kopchenko 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 April 7, 2009, Regular Meeting. A motion was made by Commissioner Kopchenko, and seconded by Commissioner Manganilla, to approve the minutes from April 7, 2009 Regular Meeting, as submitted. Motion carried 4—0, with Commissioner Osborne, Commissioner Wright, and Chairman Larson being absent. Minutes May 5,2009 Wylie Planning and Zoning Board Page 1 of 9 REGULAR AGENDA Action Agenda 1. Consider a recommendation to the City Council regarding a Replat for Moss Addition. Subject property being generally located on the north side of FM 544 approximately 1,337 feet west of Springwell Pkwy. Mr. Haskins stated that the property totals 3.6137, and will create two commercial/retail lots. The subject plat was originally submitted in November 2008, but was pulled from consideration, due to two major reasons. First, the applicant was unable to obtain a permit from TxDot for a curb cut on FM 544, and secondly, a Separate Instrument creating a fire lane easement on an adjacent property had not been completed. The applicant is requesting a conditional approval of this plat due to real estate concerns. If approved by this Commission and City Council, the applicant is aware that before the Plat is filed with the County, the filed Separate Instrument must be presented to the City, along with completed permit from TxDot for the curb cut. Commissioner Bennett stated that the access easements are not called out on the plat. Mr. Haskins stated that the access easements are called out as the fire lane easement. Ms. 011ie stated that the language in the Separate Instrument calls out the access easements, but the wording can be added on the plat. Jake Petras, QuikTrip, 14450 Trinity Blvd, Suite 300, Fort Worth, TX 76155, stated that within the Separate Instrument the access easements are called out. The access easements are not dedicated by the plat, due to contractual agreement with the owners. A motion was made by Commissioner Kopchenko, and seconded by Commissioner Manganilla, to recommend to the City Council approval for Replat for QuikTrip Eight Hundred Ninety Four Addition, being replat of Lot 1, Block 1, Moss Addition, with the conditions that filing the Lot 1, Block A Williams Addition Separate Instrument with the County. The property being generally located on the north side of FM 544, approximately 1,337 feet west of Springwell Parkway. Motion carried 3 — 1, with Commissioner Bennett voting in opposition. 2. Consider a recommendation to the City Council regarding a Replat for Central Storage Addition, Block 1, Lot 1R reducing the lot size by (1) one acre along the southwest portion of the property and establishing new boundaries for the property. The property is generally located south of F.M. 544 and 510 feet east of Regency Drive. Mr. Lee stated that the purpose of the Replat is to subdivide and transfer approximately one (1) acre of property located along the southwest portion of the lot to the adjacent property owned by Wylie Economic Development Corporation (WEDC). A final plat Minutes May 5, 2009 Wylie Planning and Zoning Board Page 2 of 9 incorporating the referenced one acre transfer and establishing WEDC's plat is on the current agenda for consideration. The property has been developed for mini-warehouse/public storage (self-storage) uses since 1995. With no questions, a motion was made by Commissioner Manganilla, and seconded by Commissioner Kopchenko, to recommend approval to the City Council regarding a Replat for Central Storage Addition, Block 1, Lot 1R reducing the lot size by one (1) acre along the southwest portion and establishing new boundaries for the property. The property is generally located south of FM 544 and 510 feet east of Regency Drive. Motion carried 4—0. Commissioner Osborne arrived at 6:40PM. Mr. Sam Satterwhite, Wylie Economic Development Director approached the Commission stating that the size of the lot is approximately one-half acre. Commissioner Manganilla made a motion to remove the motion, and Commissioner Osborne seconded the motion. Motion carried 5—0. A motion was made by Commissioner Manganilla, and seconded by Commissioner Osborne, to recommend approval to the City Council regarding a Replat for Central Storage Addition, Block 1, Lot 1R reducing the lot size by approximately one-half acre along the southwest portion and establishing new boundaries for the property. The property is generally located south of FM 544 and 510 feet east of Regency Drive. Motion carried 5 —0. 3. Consider a recommendation to the City Council regarding a Final Plat for Wylie EDC Addition, Block 1, Lot 1, creating a commercial lot on 1.433 acres and abandoning an ingress & egress easement. The property is generally located south of F.M. 544 and 310 feet east of Regency Drive. Mr. Lee stated that the partially developed tract was recently purchased by Wylie Economic Development Corporation, and consisted of 1.433 acres and is zoned Commercial Corridor. This plat will establish boundaries for the tract and abandon a 20 foot ingress and egress easement located along the eastern boundary of the subject tract. The Replat for Central Storage Addition, Block 1, Lot 1R is on the current agenda, corresponding with the transfer of property and establishing those boundaries. Commissioner Osborne questioned the location and the use of the dirt gravel road beside the Storage facility. Mr. Lee stated that the property is located west of the Central Storage Addition, and the dirt gravel road is part of the subject plat. Commissioner Osborne expressed concerned for access to the Storage facility. Ms. 011ie stated that there is another access easement for the Storage Addition located on Steel Road and as well as on FM 544. Minutes May 5, 2009 Wylie Planning and Zoning Board Page 3 of 9 A motion was made by Commissioner Kopchenko, and seconded by Commissioner Osborne, to recommend approval to the City Council regarding a Final Plat for Wylie EDC Addition, Block 1, Lot 1, creating a commercial lot on 1.433 acres and abandoning an ingress and egress easement. The property is generally located south of FM 544 and 310 feet east of Regency Drive. Motion carried 5 —0. 4. Consider a recommendation to the City Council regarding a Replat for Wylie Christian Care Center Addition. Subject property located (700 S. Ballard Street) on the west side of S. Ballard Avenue and approximately 430 feet south of College Street. Mr. Lee stated that the applicant/owner is the Wylie Christian Care Center, a non-profit charitable organization/church and house of worship. The applicant is proposing a Replat to combine two single family lots into one for the purposes of developing a future expansion of the adjacent center. The property was originally platted as two single family lots consisting of 0.287 acres. With no questions, a motion was made by Commissioner Osborne, and seconded by Commissioner Kopchenko, to recommend approval to the City Council for a Replat Wylie Christian Care Center Addition. Subject property located 700 S Ballard Street on the west side of S Ballard Street and approximately 430 feet south of College Street. Motion carried 5 —0. Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council, amending the zoning from Agricultural (AG-30) District to Single-Family (SF-i 0/24) District for a 7 acre tract of land generally located south of Martin Drive, east of South Ballard Ave and west of Southbrook Subdivision Phase II. ZC 2009-02. Ms. 011ie stated that the subject item is to place permanent zoning on a tract of land that was annexed into the city on March 31, 2009. A Developer's Agreement was approved by City Council on October 28, 2008, and the Agreement set forth the specific design requirements for the 7 acre tract. In addition, a Final Plat creating 23 single family lots on 7 acres for a density of 3.285 lots per acre was approved by Council on April 28, 2009. The subdivision will comply with base zoning of SF 10/24 except as outlined in Exhibit C which is part of the Developer's Agreement. The minimum dwelling size is 1,957 square feet with the average lot area being 10,000 square feet. Public comment forms were mailed to seventy-one (71) property owners within 200 feet in accordance with State Law. Four (4) responses were received opposing the requested zoning change. Ms. 011ie addressed one of the comment forms which questioned the work going on without the zoning approved. Ms. 011ie stated that the applicant can begin Minutes May 5, 2009 Wylie Planning and Zoning Board Page 4 of 9 infrastructure or dirt work before approved for zoning or platting, at the owner's risk. ,, However, no construction of structures until the approval of zoning and the property is IM platted. Mr. Steve Gee, 701 Partridge, Argyle, Texas, applicant for the subject property, stated that the property is unique in the location. The property was surrounded by property located within the city limits, and discussed with the city annexing the property for development. Vice Chair Johnston opened the Public Hearing. Mr. James Smith, 112 Martin Drive, property owner adjacent to the subject property, spoke in opposition of the property, and expressed concern of the traffic especially in the alley, and that the request seemed to be underhanded, with the work beginning before the neighbors were notified. Ms. 011ie stated that Ballard is a county road from Alanis south, and that in 2011 it is projected that Ballard will become a four-lane divided road. The County will fund the expansion. Mr. Gee responded that the property owners within the subject development will have three options for access to the alley. Mr. Jerry Hougen, 109 Martin Drive, property owner adjacent to the subject property, spoke in opposition of the subject zoning, and that the process for requesting the zoning is wrong. He stated that the property was sold, annexed and a Developer's Agreement was approved without surrounding residences knowing until the zoning request. Ms. 011ie stated that the Developer's Agreement is legal and the meeting when approved was public. Commissioner Bennett reminded Mr. Hougen that the property was in the county, and could have developed with no one having input. Commissioner Osborne stated that the law assumes citizens interested in surrounding property will read public notices posted on the web site, in the newspaper, and at the main municipal complex. The law does not require the City to notify each property owner, except for zoning requests. Ms. Amanda Gilbreath, 103 Shadybrook,property owner adjacent to the subject property, spoke in opposition of the subject zoning, and expressed concern not only for the traffic but the noise. She would like the property to stay agriculture. Ms. Gilbreath questioned the notification process. Ms. 011ie stated that the State Law regulates the notification, for an annexation the request is posted in the newspaper. For a zoning change, which is the subject request, property owners within 200 feet are notified as well as a notice in the paper, and web site. Ms. Gilbreath expressed concern for the fire department and EMS. She is a nurse and stated that EMS does not notify properly when transporting a patient. Vice Chairman Johnston referred her to speak to Fire Chief Randy Corbin in the Fire Administration Building. Mr. Gee rebutted to the comments that the property was in the county, and could have been developed in the county without bringing into the city. He stated that he worked hand in hand with staff in the city to get annexed, and a Developer's Agreement made, and will continue working with staff to have the property developed according the Zoning Ordinance and Developer's Agreement. Minutes May 5, 2009 Wylie Planning and Zoning Board Page 5 of 9 Vice Chair Johnston closed the Public Hearing. A motion was made by Commissioner Osborne, and seconded by Commissioner Manganilla, to recommend approval to the City Council, amending the zoning from Agricultural (AG-3 0) District to Single-Family (SF 10/24) District for a 7 acre tract of land generally located south of Martin Drive, east of South Ballard Avenue and west of Southbrook Subdivision Phase II. This is Zoning Case 2009 02. Motion carried 5 —0. 2. 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. ZC 2009-01 A motion was made by Commissioner Osborne, and seconded by Commissioner Manganilla, to remove Zoning Case 2009-01 from the tabled. Motion carried 5 —0. This item was initially presented to the Commission on April 7, 2009. The Commission asked Staff to make revisions to the proposed Ordinance for reconsideration by May 5, 2009. Several concepts that have changed dramatically since the previous proposal are: the splitting of the overlay into two distinct areas; the addition of language focusing the architecture of the area to be more compatible with the Downtown Historic District; the addition of single family homes as an allowable use; and the option to reduce the proposed Overlay District to just those properties facing Ballard. Staff put together two options for the Commission to consider. Option 1: The proposed South Ballard Overlay District 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). Option 2: This option proposes those lots fronting Ballard Avenue, south of Butler and north of Stone Road. While current economic realities may prevent immediate development, it is important to put in place the concept and consider its impact on future development and preservation of the area. This would eliminate the residential zoning completely. One additional response was received since the last meeting in April, and the response was in favor of the request. Commissioners asked for advantages and disadvantages for the two Options. Mr. Haskins stated that Option 1, approves the Ordinance as submitted with minor revisions. Option 2 takes out the residential zoning completely. Ms. 011ie stated that the proposed Option 1 will preserve the residential area, and allow flexibility for commercial area. The Option 2 will eliminate the residential zoning, but the existing residential structures will be legally non-conforming structures under the current Ordinance. Option 1 the existing residential structures will be legally conforming. Minutes May 5, 2009 Wylie Planning and Zoning Board Page 6 of 9 Ms. 011ie stated that the proposed Ordinance allows more flexibility, in which the current Ordinance is more stringent. The proposed Ordinance allows more variety of materials and uses. It is not tied to a certain historic period, but a style. Vice Chair Johnston opened Public Hearing. Mr. Bob Heath, 4506 E Parker Road, Parker, Texas, spoke in favor of the proposed Ordinance, questioned the parking issue. From a developer point of view, if a vacant lot was to be developed what about the timing for sidewalks and parking lots. Ms 011ie stated that parking is open for discussion, but nothing has been determined as it relates to the building of parking lots. Vice Chair Johnston closed the Public Hearing. Vice Chair Johnston stated that the proposed Ordinance does not define a certain period, and questioned if that is creating additional problems for the Commission and Staff. Mr. Haskins stated that if the Ordinance is approved by Council, the subject area is different than the rest of the city. As development is submitted to Staff, each submittal will be reviewed on a case by case basis. It is left wide open on purpose. Ms. 011ie explained to the Commission the difference between the proposed Ordinance and the current Ordinance. The structures that are legally non-conforming structures under the current Ordinance will become legally conforming under the proposed Ordinance. This is based on materials allowed in the proposed Ordinance. Ms. 011ie asked for clarification on residential and nonresidential uses which may be located in the same structure, if the mixed use is mandatory. After discussion with Commissioners, the consensus from the Commissioners that the structures may have two uses as an option, but not as a mandatory. The use may be either commercial or residential but not necessarily both. Commissioner Osborne questioned the off-site parking. Ms 011ie stated that the proposed Ordinance will allow off-site parking and the parking requirements will be reviewed as a user, and not as a general use. Ms. 011ie asked for clarification on residential boundaries, the size of the Single Family use and the overall vision for the area, with a variety of structures. Does the Commission want to limit the size to 2,400 square feet and the lot size to 6, 000 square feet? The Commissioners were all in consensus that keeping it at house size not to exceed 2,400 square feet and lot size of 6,000 square feet. Commissioner Bennett questioned where the citizens that submitted comment forms in opposition were. Ms. 011ie stated that at the last meeting, quite a few citizens were in attendance, but after the item was discussed the concerns were addressed and the negativity turned to more of a positive response. Commissioner Kopchenko complimented the Planning Staff on the hard work and that the Planning Staff was the "bomb". Commissioner Osborne seconded that and that the revised proposed ordinance is very well written compared to the first proposed ordinance. Minutes May 5,2009 Wylie Planning and Zoning Board Page 7 of 9 A motion was made by Commissioner Osborne, and seconded by Commissioner Kopchenko, to recommend to the City Council approval for the Option 1, and exclude F.1,A as a mandatory requirement, but may be an option for mixed uses, 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. ZC 2009-01. Motion carried 5 —0. Worksession 1. Hold a Work Session to consider the expansion of the Downtown Historic District to include property on Ballard Avenue north of Brown up to approximately 419 North Ballard on the west and Block 1 Tract 48 of the Truett Abstract on the east. Mr. Haskins stated that Staff has for some time considered the expansion of the Downtown Historic District north of Brown on Ballard. By expanding the DTH north just on Ballard, would allow those structures to be used in light commercial applications as similar structures are in the current DTH and provide pedestrian friendly atmosphere and architectural character. The process for the proposed expansion began recently by two property owners who expressed interest in creating office space on their property. An item to discuss is whether to include St Anthony's church. A benefit to include the church would be to preserve the existing historical white church on their property. Vice Chair Johnston questioned including the residential structures east of the church and north on Brown Street. Ms. 011ie stated that the brick residential structures could be included in the DTH zoning, and be classified as legally non-conforming structures. Michael Gneist, property owner for 412 Ballard, spoke in favor of expanding DTH and preserving the existing historical structures north of Brown on Ballard. The consensus of the Commissioners was for Staff to move forward with drafting amendments to expand the DTH to include property on Ballard Avenue north of Brown up to approximately 419 North Ballard on the west and Block 1, Tract 48 of the Truett Abstract on the east, and to include the residential structures on Brown up to North Texas Municipal District property, as well as including St Anthony Catholic Church if agreeable with the church. Minutes May 5, 2009 Wylie Planning and Zoning Board Page 8 of 9 ADJOURNMENT A motion was made by Commissioner Bennett, and seconded by Commissioner Kopchenko, to adjourn the meeting at 7:55PM. All Commissioners were in consensus. 1�. Phill' inston,Vice-Chairm. ATTEST: f\c"\r\k„, Ma Brley,Administrati a Assistant Minutes May 5, 2009 Wylie Planning and Zoning Board Page 9 of 9