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02-18-2025 (Planning & Zoning) Agenda PacketCALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE COMMENTS ON NON -AGENDA ITEMS Any member of the public may address Commission regarding an item that is not listed on the Agenda. Members of the public mustfill out a form prior to the meeting in order to speak. Commission requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Commission is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the ConsentAgenda are considered to be routine by the Commission and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the ConsentAgenda and will be considered separately. A. Consider, and act upon, approval of the meeting minutes from the February 4, 2025 Planning and Zoning Commission Meeting. B. Consider, and act upon a recommendation to City Council regarding a Final Plat being a Replat of Lots 1-5 & 7, Block A of 544 Gateway Addition, creating six commercial lots on 9.216 acres, generally located east of the intersection of Business Way and Commerce Drive. REGULAR AGENDA 1. Hold a Public Hearing, consider, and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Downtown Historic District (DTH) to Downtown Historic District - Special Use Permit (DTH-SUP) on 0.23 acres to allow for a Smoking Establishment. Property located at 308 N Ballard Avenue (ZC 2025-02). WORK SESSION RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. age 11 1 CERTIFICATION I certify that this Notice of Meeting was posted on February 14, 2025 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the public at all times. Stephanie Storm, City Secretary Date Notice Removed The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. If during the course of the meeting covered by this notice, the Commission should determine that a closed or executive meeting or session of the Commission or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act, Texas Government Code § 551.001 et. seq., will be held by the Commission at the date, hour and place given in this notice as the Commission may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act, including, but not limited to, the following sanctions and purposes: Texas Government Code Section: § 551.071— Private consultation with an attorney for the City. 2 02118120251tem A. JAI fN CITY OF WYLIE Department: Prepared By: Planning Gabby Fernandez Planning & Zoning Item: A Consider, and act upon, approval of the meeting minutes from the February 4, 2025 Planning and Zoning Commission meeting. Motion to approve Item as presented. The minutes from the February 4, 2025 Planning and Zoning Commission meeting are attached for your consideration. 0 02118120251tem A. Wylie Planning and Zoning Commission Regular Meeting February 04, 2025 — 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CALL TO ORDER CITY OF WYLIE Chair Joshua Butler called the meeting to order at 6:OOpm. In attendance were Chair Joshua Butler, Vice -Chair Rod Gouge, Commissioner Joe Chandler, and Commissioner Zeb Black. Staff present were: Community Services Director Jasen Haskins, Senior Planner Kevin Molina, Development Engineering Manager Than Nguyen and Administrative Assistant Gabby Fernandez. Absent was Commissioner Franklin McMurrian, Commissioner Zewge Kagnew and Commissioner Keith Scruggs. INVOCATION & PLEDGE OF ALLEGIANCE Vice -Chair Gouge gave the Invocation and Commissioner Chandler led the Pledge of Allegiance. COMMENTS ON NON -AGENDA ITEMS Any member of the public may address Commission regarding an item that is not listed on the Agenda. Members of the public must fill out a form prior to the meeting in order to speak. Commission requests that comments be limited to three minutes for an individual, six minutes for a group. In addition, Commission is not allowed to converse, deliberate or take action on any matter presented during citizen participation. A member of the public approached the Commission and spoke on zoning signage. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the Commission and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the meeting minutes from the December 17, 2024 Planning and Zoning Commission meeting. BOARD ACTION A motion was made by Vice -Chair Gouge, seconded by Commissioner Black, to approve the Consent Agenda as presented. A vote was taken and the motion passed 4 — 0. REGULAR AGENDA 1. Hold a Public Hearing, consider and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Planned Development 2022-06 (PD 22-06) to Commercial Corridor and Commercial Corrdior - Special Use Permit (CC & CC -SUP) on 5.43 acres to allow for a drive -through restaurant use and Commercial uses. Property located at 2310 W FM 544 and 2320 W FM. (ZC 2024-1.2). Page I I 0 02118120251tem A. PUBLIC HEARING Chair Butler opened the Public Hearing at 6:07 PM. Members of the public approached the Commission to speak on Regular Agenda Item 1. Chair Butler closed the Public Hearing at 6:10 PM. BOARD ACTION A motion was made by Commissioner Chandler, seconded by Vice -Chair Gouge to recommend approval of Regular Agenda Item 1 as presented. A vote was taken and passed 4-0. 2. Hold a Public Hearing, consider and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Single Family - 10 District (SF-10/24) to Townhouse District (TH) on 5.52 acres to allow for single-family attached development. Property located on the northwest corner of West Brown Street and Sanden Boulevard (ZC2024-1.3). PUBLIC HEARING Chair Butler opened the Public Hearing at 6:14 PM. A member from the public approached the Commission. Chair Butler closed the Public Hearing at 6:18 PM. BOARD ACTION A motion was made by Vice -Chair Gouge, seconded by Commissioner Black to recommend approval of Regular Agenda Item 2 as presented. A vote was taken and passed 4-0. 3. Hold a Public Hearing to consider, and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Agricultural District (AG/30) to Single Family - 10 District (SF 1.0/24) on 59.755 acres to allow for a single-family detached development. Property generally located at 1755 FM 1378 and 1813 & 2241 McMillen Road (ZC 2024-14). PUBLIC HEARING Chair Butler opened the Public Hearing at 6:35 PM. Members of the Public approached the Commission to speak on Regular Agenda Item 3. Chair Butler closed the Public Hearing at 7:12 PM. BOARD ACTION A motion was made by Vice -Chair Gouge, seconded by Commissioner Chandler to recommend approval of Regular Agenda Item 3 as presented. A vote was taken and passed 3-1 with Commissioner Black in opposition. 4. Hold a Public Hearing, consider, and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Light Industrial (LI) to Light Industrial - Special Use Permit (LI-SUP) on 1.2 acres to allow for an Automobile Repair Major use. Property located at 2751 Capital St. (ZC 2024-15). Page 12 5] 02118120251tem A. PUBLIC HEARING Chair Butler opened the Public Hearing at 7:34 PM. A member of the Public approached the Commission to speak on Regular Agenda Item 4. Chair Butler closed the Public Hearing at 7:35 PM. BOARD ACTION A motion was made by Commissioner Black, seconded by Commissioner Chandler to recommend approval of Regular Agenda Item 4 as presented. A vote was taken and passed 4-0. ADJOURNMENT A motion was made by Vice -Chair Gouge, and seconded by Chair Butler, to adjourn the meeting at 7:38 PM. A vote was taken and carried 4 — 0. Joshua Butler Chair ATTEST Gabby Fernandez, Secretary Page 13 6] 02118120251tem B. Department: Prepared By: Planning Kevin Molina Wylie Planning & Zoning Item Number: B Commission Consider, and act upon a recommendation to City Council regarding a Final Plat being a Replat of Lots 1-5 & 7, Block A of 544 Gateway Addition, creating six commercial lots on 9.216 acres, generally located east of the intersection of Business Way and Commerce Drive. Motion to recommend approval as presented. OWNER: Wylie Economic Development Corporation APPLICANT: Roome Land Surveying The applicant has submitted a Replat to create Lots 1-5 & 7 Block A of 544 Gateway Addition on 12.234 acres. The property is located east of the intersection of Business Way and Commerce Drive. The purpose of the Replat is to create and abandon easements as well as revise the property lines in between Lot 1 and 3. The original plat was approved by the City Council in February of 2023 for the creation of commercial lots within the 544 Gateway project. This plat is dedicating access, fire and utility easements for the six lot development. An access drive is provided from Commerce Drive that connects to State Highway 78. The plat also includes a regional detention pond on Lot 4R. The plat is technically correct and abides by all aspects of the City of Wylie Subdivision Regulations. Approval is subject to additions and alterations as required by the City Engineering Department. The Planning and Zoning Commission must provide a written statement of the reasons for conditional approval or disapproval to the applicant in accordance with Article 212, Section 212.0091 of the Texas Local Government Code. 0 02118120251tem B. m -- -FLY ------ - - --- - -- - _ g h Now�� IF ICIFI. �wN � �- -- -+� pgllas Area Rapid Transit Railway NOW IINEREFORE WIEREALFd,"'tltoM1oa,9., y riCp" .9 of WaYJ 51 IF F£G NN nG at cn k Fn Sna GLA 11 Ily street) 5 o Ec lic F"fan). 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Department: Prepared By: Planning Kevin Molina Wylie Planning & Zoning Item Number: Commission Hold a Public Hearing, consider, and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Downtown Historic District (DTH) to Downtown Historic District - Special Use Permit (DTH- SUP) on 0.23 acres to allow for a Smoking Establishment. Property located at 308 N Ballard Avenue (ZC 2025-02). Motion to recommend (approval, approval with conditions or disapproval) as presented. OWNER: Vidita Patel APPLICANT: Jose Hernandez The applicant is requesting a Special Use Permit (SUP) on 0.23 acres to allow for a Cigar Lounge use at 308 N Ballard Avenue. The floor area of the existing structure measures 1,250 sq.ft. The current zoning is Downtown Historic District (DTH). The SUP conditions allow for the Cigar Lounge as a Smoking Establishment use. The SUP shall be null and void should the property not be owned by Faustino Cigars, LLC. The SUP conditions document requires for there to be five onsite parking spaces. The establishment is limited to cigars only and is not permitted for any other style of smoking or vaping products. The proposed development contains a lounge area, a humidor, and will offer charcuterie style food. Additionally, the development is proposing to allow for customers to bring in their own alcoholic beverages City Staff has confirmed with the Texas Alcoholic Beverage Commission (TABC) that there are no statewide bring -your -own -beverage (BYOB) laws in Texas. The property to the north is developed with a single family residence that operates as short term rental. The property to the west is developed as an office for the Wylie Chamber of Commerce. The property to the south is developed with a coffee shop. The property to the east is developed with a church. The subject property lies within the Downtown sector of the Comprehensive Land Use Plan. Development within this sector's main purpose is to build upon the existing Downtown development pattern by encouraging appropriate infill and redevelopment of similar uses. The secondary purpose is to preserve and promote Downtown as the cultural center and key economic driver for Wylie. Notices were sent to four -teen property owners within 200 feet as required by state law. At the time of posting, one response was received in favor and none in opposition of the request. If zoning is approved, a finish out permit for the retail suite and Certificate of Occupancy shall be required prior to the business opening. 1 t rM^ 0 100 200 300 400 500 600 Feet Date: 1/22/202 1 0211812025 Item 1. Kitchen Humidor � 0211812025Item 1. Faustino's Cigars and Lounge MWIRIFE71.1 Conditions For Special Use Permit 1. The purpose of this Special Use Permit is to allow for a cigar lounge use within the Downtown Historic District. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations of the Downtown Historic District (DTH) set forth in Article 6, Section 6.3 of the Comprehensive Zoning Ordinance (adopted as of June 2023), except as specifically provided herein. 2. The design and development of the Faustino's Cigars and Lounge development shall be in accordance with Section III below and the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. This Special Use Permit shall allow for a Smoking Establishment use within the Downtown Historic zoning district. 2. A minimum of five on -site parking spaces shall be provided. 3. All on -site smoking shall be conducted inside the establishment. 4. The Smoking Establishment use is further limited to the manufacture, selling, and smoking of cigar products only, as generally defined. 5. The Special Use Permit is intended for a Smoking Establishment owned and operated by Faustino Cigars, LLC. Under any other use or ownership, the SUP shall expire and zoning reverted to the base DTH district. 12 9 ZONING CASE: ZC 2025-02 SUBJECT property a ww7! 200 foot Notification Buffer I .w war 50 100 150 200 250 300 Feet 0211812025 Item 1. f N 0"FY OF WYLIE Date: 1/22/2025 A 0211812025 Item 1. First Name* Ashish Address* Street Address 1916 Fair Parke Lane Address Ling: 2 City Wylie Postal / Zip Code 75098 Case #* ZC2025-02 308 N Ballard Ave. Middle Name Last Name* Patel State I Province / Region TX Response* I am FOR the requested zoning as explained on the public notice I am AGAINST the requested zoning as explained on the public I agree and understand that by signing the electronic signature, that it is the equivalent to my manual/handwritten signature. Date of Signature 2/7/2025 F14]