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07-07-2009 (Planning & Zoning) Minutes Wylie Planning and Zoning Commission CITY OF WYLIE Minutes Wylie Planning & Zoning Commission Tuesday, July 7, 2009— 6:30 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Chairman Larson called the meeting to order at 6:39PM. Present with Chairman Larson were Vice-Chairman Phillip Johnston, Commissioner Ramona Kopchenko, Commissioner Willie Osborne, Commissioner John Manganilla and Commissioner Ruthie Wright. Commissioner David Dahl was 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 Wright gave the invocation and Commissioner Johnston led the pledge of allegiance. ELECTION OF CHAIR AND VICE CHAIR A nomination was made by Commissioner Wright, and seconded by Commissioner Manganilla, to elect Phillip Johnston as the Chairman for Planning and Zoning Commission 2009. A vote was taken and carried 6 — 0, with Commissioner Dahl being absent. A nomination was made by Commissioner Osborne, and seconded by Commissioner Johnston, to elect Dennis Larson as the Vice Chair for Planning and Zoning Commission 2009. A vote was taken and carried 6—0, with Commissioner Dahl being absent. CITIZENS COMMENTS Chairman Johnston opened the Citizens Participation. With no one approaching the Commissioners Chairman Johnston closed the Citizens Participation. Minutes July 7, 2009 Wylie Planning and Zoning Board Page 1 of 6 CONSENT ITEMS 1. Consider and act upon approval of the Minutes from the May 19, 2009, Regular Meeting. A motion was made by Vice-Chair Larson, and seconded by Commissioner Osborne, to approve the minutes from May 19, 2009 Regular Meeting, as submitted. Motion carried 6—0,with Commissioner Dahl being absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider a recommendation to the City Council, regarding a Replat for Woodbridge Crossing, Block A, Lots 1R-7R, to dedicate the necessary utility easements to accommodate the development on seven (7) commercial lots on 27.07 acres, generally located on the southeast corner of FM 544 and McCreary Road. Mr. Lee stated that the purpose for the replat was to dedicate the necessary utility easements to accommodate the development of the property. The property totals 27.07 acres and consists of seven (7) commercial lots. Chairman Johnston opened the Public Hearing. With no one approaching the Commission, Chairman Johnston closed the Public Hearing. With no questions for the applicant, a motion was made by Commissioner Kopchenko, and seconded by Commissioner Manganilla, to recommend approval to the City Council for a Replat for Woodbridge Crossing, Block A, Lots 1R-7R, to dedicate the necessary utility easements to accommodate the development on seven (7) commercial lots on 27.07 acres, generally located on the southeast corner of FM 544 and McCreary Road. Motion carried 6—0,with Commissioner Dahl being absent. 2. Hold a public hearing and consider a recommendation to the City Council regarding a Replat for Woodbridge Crossing, to dedicate the necessary utility easements to accommodate the development on ten (10) commercial lots on 34.50 acres, generally located on the southwest corner of FM 544 and Springwell Parkway. Mr. Lee stated that the purpose of the replat was to dedicate the necessary utility easements to accommodate the development of the property. The property totals 34.50 acres and consists of ten (10) commercial lots. Chairman Johnston opened the Public Hearing. With no one approaching the Commission, Chairman Johnston closed the Public Hearing. As a courtesy to the Commissioners, Mr. Lee stated that in the future, another replat may be submitted by the applicant to add a lot line or another easement boundary. Minutes July 7, 2009 Wylie Planning and Zoning Board Page 2 of 6 With no questions for the applicant, a motion was made by Commissioner Manganilla, and seconded by Commissioner Osborne, to recommend approval to the City Council for the Replat for Woodbridge Crossing, Block A, Lots 8R-17R, to dedicate the necessary utility easements to accommodate the development on ten(10)commercial lots on 34.50 acres, generally located on the southwest corner of FM 544 and Springwell Parkway. Motion carried 6 — 0, with Commissioner Dahl being absent. 3. 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 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(ZC 2009-04). Mr. Haskins stated that staff has considered expanding the Downtown Historic District (DTH) to include the properties on Ballard north of Brown. Several factors have been considered for the expansion. As traffic continues to increase on Ballard, and the properties north of Brown are not compatible with high traffic counts. In addition, current property owners as well as potential developers have contacted staff with interest in allowing commercial and/or residential uses on property north of Brown. The DTH would allow single-family residential uses and light commercial uses within a residential structure. The expansion would extend and preserve the pedestrian friendly atmosphere and architectural character of the DTH. Fifty-seven (57) notifications were mailed to property owners within 200 feet. Fifteen responses were received with five in favor and ten against the request. The Catholic Church submitted a response against the request, however, the understanding was that permission would have to come from Diocese in Dallas, and until word was received from them,the response would have to be against the request. The Church owns property on both sides of Ballard. Vice-Chairman Larson questioned the number of structures that fit within the regulations of the proposed DTH. Mr. Haskins stated that there are approximately five residential structures that are fifty-five years old. The structures were mostly constructed from 1858 through 1993. Expanding the DTH to include the properties north of Brown on Ballard would not only preserve the structures that were built prior to 1940, but also allow light commercial uses within a residential structure and create a more pedestrian friendly environment. Vice-Chairman Larson expressed concern of traffic and parking for the proposed zoning change. Commissioner Kopchenko expressed favorable desire to move forward with the proposal, and recommended having a trolley to go throughout the DTH. Chairman Johnston opened the Public Hearing. Minutes July 7,2009 Wylie Planning and Zoning Board Page 3 of 6 Ms. Christine Walk, 408A Jackson, spoke in opposition of the request, and stated that businesses butting up to the residential uses are not feasible with traffic. Mr. Ed Howrey, 111 E Brown St, spoke in opposition of the request, and stated that the regulations for DTH were too restrictive. Ms. Rita Smith, 401 and 404 N Ballard, spoke in opposition of the request, and stated that the DTH regulations were very restrictive. Ms. Janie Bartlett, Pastoral Assistant, St Anthony Catholic Church, spoke in opposition of the request, and stated that the Diocese did call and are absolutely against the request. Mr. Red Byboth, 2722 FM 544, spoke in favor of the request, and stated that the desire to maintain the look and preserve the architectural style and vintage. Ms. 011ie stated that the proposed request would preserve the homes,the architectural styles, and the historical aspects of the existing structures. The DTH would regulate the colors, but not as restrictive as the concern previously expressed. The request is not just to allow for commercial but to protect and preserve the existing historical structures and the wood frame homes. Mr. Mike Gneist, 311 S Second Street and owns property located Lot 5, Russell Addition #1, spoke in favor of the request due to allowing a small business as well as a residential use in the same structure. Mr. Bob Heath, 4506 E Parker Road, spoke in favor of the request and stated that the concept does not affect the residential uses, if anything the request will protect the residents. Chairman Johnston closed the Public Hearing. Vice Chairman Larson questioned which properties the Catholic Church owned. With the Catholic Church stating that they did not want to be rezoned, does the motion need to exclude their property. Ms. 011ie stated that the Church owned property on both sides of the Ballard. A motion was made by Commissioner Kopchenko, and seconded by Commissioner Wright, to recommend approval to the City Council, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed 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. Motion failed 3 — 3, with Chairman Johnston, Vice Chairman Larson and Commissioner Osborne voting in opposition. A motion was made by Vice-Chairman Larson, and seconded by Commissioner Osborne, to recommend denial to the City Council, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed 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. Minutes July 7,2009 Wylie Planning and Zoning Board Page 4 of 6 Motion carried 4 — 2, with Commissioner Wright and Commissioner Kopchenko voting against. Planning and Zoning Commission adjourned for a break and reconvened as a joint work session with City Council. Chairman Johnston called the meeting back to order at 7:35pm. Mayor Hogue called the City Council meeting to order, stating that all of Council was present. Councilman David Goss gave the invocation and Councilman Carter Porter led the Pledge of Allegiance. JOINT WORK SESSION WITH CITY COUNCIL 1. Hold a Joint Work Session with the Planning and Zoning Commission to consider amendments to Zoning Ordinance No. 2001-48 and to the Official Zoning Map, 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. Generally bounded by Stone Road on the south, Butler Street on the north.ZC2009-01 Ms. 011ie addressed Council stating that staff is seeking direction on the process to move forward with adopting an ordinance to create the South Ballard Overlay District. This overlay allows the city to create, in the South Ballard area, a place that will be economically and geographically viable while also retaining the rich history, community values, and citizen friendly atmosphere that embodies Wylie. Ms. 011ie reported that at the May 26, 2009 meeting, Council requested a joint work session with the Planning and Zoning Commission to further discuss the intent of the Overlay District, including the design regulations and boundaries. She explained that the proposed SBO boundary, as previously presented, was divided into two separate distinct areas. A Commercial Boundary consisting of those lots fronting Ballard including lots south of Butler and north of College Street, and a Residential Boundary consisting of lots along Jackson, east of Birmingham, north of Stone and south of College Street. Several visuals of architectural building designs and lot frontage were displayed to better show the concept of how the proposed SBO could develop. The area is currently a mix of zoning consisting of Commercial, Single Family, and Multi-Family uses. Planning Director 011ie explained that in order to facilitate these types of developments, a Form-Based approach to zoning would best serve the area. Form-Based zoning involves focusing on place making, where not only the form of the building is important but so is the form of the areas surrounding the buildings. By concentrating on place making, Form-Based zoning adds another element by shaping the spaces around the buildings to create a unique sustainable area that features a pedestrian intense, shopping and living environment with a larger mix of uses within one district. Minutes July 7,2009 Wylie Planning and Zoning Board Page 5 of 6 City Manager Mindy Manson suggested that the parcels located on east of Ballard over to First Street be included in the boundary of the Overlay. Council and Commission Direction Direction from the Wylie City Council members, and Planning and Zoning Commission after some discussion included: Research the Ballard Overlay to include property boundaries on South Ballard from Highway 78 to Stone and west to Birmingham. Include parcels located on east of Ballard over to First Street be included in the boundary of the Overlay Research a minimum of 6,000 square feet lot size as it relates to the intent of the ordinance Research forms of transportation for pedestrians crossing S.H. 78 from the Downtown Historic District to the South Ballard Overlay. Research the possibility of a Victorian architectural style, allowing for more possibilities and a longer time period. ADJOURNMENT A motion was made by Vice-Chair Larson, and seconded by Commissioner Wright, to adjourn the meeting at 8:55PM. All Commissioners were in consensus. / AMMO Phil .Jo ston,Chairma ATTEST: r, Mary Bradley,Administrative(1 ssistant Minutes July 7, 2009 Wylie Planning and Zoning Board Page 6 of 6