08-17-2010 (Planning & Zoning) Minutes Wylie Planning and Zoning
Commission
CITY OF WYLIE
Minutes
Wylie Planning& Zoning Commission
Tuesday,August 17,2010—6:30 pm
Wylie Municipal Complex—Council Chambers
2000 Highway 78 North
CALL TO ORDER
Chairman Phillip Johnston called the meeting to order at 6:30PM. Present with Chairman Johnston
were, Vice Chairman Ruthie Wright, Commissioner Jeremy Jordan, Commissioner David Dahl,
Commissioner Gilbert Tamez,Commissioner Ramona Kopchenko,and Commissioner Ron Smith.
Staff present was Renae' 011ie, Planning Director, Jasen Haskins, Assistant Planner, and Mary
Bradley,Administrative Assistant.
INVOCATION&PLEDGE OF ALLEGIANCE
Commissioner Jordan gave the invocation and Commissioner Smith led the Pledge of Allegiance.
CITIZENS COMMENTS
Chairman Johnston opened the Citizens Participation. With no one approaching the Commissioners,
Chairman Johnston closed the Citizens Participation.
CONSENT ITEMS
1. Consider and act upon approval of the Minutes from the August 3, 2010, Regular
Meeting.
A motion was made by Commissioner Dahl, and seconded by Vice Chairman Wright, to approve the
minutes from August 3,2010 Regular Meeting, as submitted. Motion carried 7—O.
REGULAR AGENDA
Public Hearing
1. Hold a Public Hearing and consider a recommendation to the City
Council, amending Zoning Ordinance 2006-04, Article 5, Section 5.1.D
(Office), 5.1.E (Recreational, Entertainment, and Amusement), 5.1.F
(Retail, Personal Service & Commercial), and 5.1.J (Accessory Uses);
allowing for and providing certain safeguards and parking requirements
Minutes August 17,2010
Wylie Planning and Zoning Board
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relating to office, amusement, and retail uses, specifically car washes,
Inside Commercial Amusement, check cashing business, and home
occupations. ZC 2010-04
Ms. 011ie stated that the text amendment presents four separate items under
Article 5, specifically Financial Institutions; Commercial Amusement or
Recreation, Inside; Car Washes and Home Occupation. Chairman Johnston
requested that the issues be reviewed individually.
Ms. 011ie stated that the first proposed amendment is under the category of Office
uses for Financial Institutions. The proposal breaks down the definitions for a
Financial Institution whether drive-through or without drive-through. The
definition in the current ordinance does not clearly define the facilities for a stand-
alone ATM machine or a check cashing or payday loan establishment. The
ordinance should reflect a more streamlined category, by broadening the
definition and define the financial institution category where it is not all-inclusive.
The proposed amendment would define not only Financial Institution, with drive-
through; Financial Institution, without drive-through; but would propose a new
definition for Financial Institution, Alternative. A Bank headquarters or branch of
a financial institution with drive-through or without a drive-through is generally
granted a charter under the Texas Department of Banking. However, an
automatic teller machine is not considered a bank. A check cashing or payday
loan establishment or other financial institution is without a state bank charter.
The Financial Institution, Alternative would be allowed only by Specific Use ,
Permit and the hours of operation would be established on individual request by
the Commission and City Council, and would have required setbacks from
another financial institution; rights-of-way from any four-lane thoroughfare; and
from residential zoned Districts or properties that the use is residential.
Vice Chairman Wright requested that the Financial Institution, Alternative
wording be revised to clearly state stand-alone teller. Ms. 011ie stated that can be
corrected.
Chairman Johnston opened the Public Hearing.
Mr. Steve Wright, 113 N Winding Oaks, expressed his dislike for the payday loan
or check cashing facilities, and stated that including the Specific Use Permit for
Financial Institution, Alternative is a good revision. However, recommended that
the setback should be 1,000 feet from the right-of-way for any 4 lane divided or
greater thoroughfare.
Mr. Haskins stated the next proposal is under Recreational, Entertainment and
Amusement Uses for Commercial Amusement or Recreation, Inside. Although it
is listed as a single category, the proposed amendment is to divide into two
distinct categories with different parking requirements. The reason is some do not
occupy the entire floor area as one use, for example bowling alley, while others
occupy the entire floor area, for example Chuck E Cheese.
Minutes August 17, 2010
Wylie Planning and Zoning Board
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The proposed Low-Density Commercial Amusement or Recreation, Inside would
be parked at 1 space per 500 square feet of floor area, plus four spaces per unit of
"'" entertainment. The uses in this category typically include bowling alleys,
miniature golf facilities, and batting cages.
The proposed High-Density Commercial Amusement or Recreation, Inside would
be parked one space per 100 square feet of floor area and typically occupy a
greater floor area. The uses for this category include billiard parlors and arcades
among others.
No one approached the Commissioners for the Public Hearing on this item.
Ms. 011ie stated that the next item is falls under Retail, Personal Service and
Commercial Uses. Car wash facilities are allowed by right within the Community
Retail, and Commercial Corridor,but allowed with Specific Use Permit within the
Neighborhood Service District. The proposal would not exclude Car Washes but
rather better regulate them and better control for the environment.
Ms. 011ie reviewed the five additional provisions being proposed to safeguard site
design; as well as the proposal that car wash facilities be allowed by Specific Use
Permits in the Community Retail, Commercial Corridor, and Neighborhood
Service District. Ms. 011ie stated that each submittal would be reviewed as a case
by case, especially for architectural control appearance.
Mr. Steve Wright, 113 N. Winding Oaks, stated that the City needs to be about
the business of the community. A car wash today will not be looking nice for the
community tomorrow.
Ms. 011ie stated that the last amendment is Home Occupation under Accessory
Uses. Staff is recommending changes to the Provisions under the definition for
Home Occupation, which would allow small businesses to operate out of the
homes. Ms. 011ie stated that home occupation typically aren't enforced unless
there is an initial complaint.
The Commissioners discussed in depth the clarification of home occupation,
employees for a home occupation, the type of sales, and total floor area.
Commissioner Kopchenko expressed opposition in all home occupations, stating
that a whole can of worms will be opened if allowed. Commissioner Dahl stated
he was in agreement with Staff on the provisions, and stated that the definitions
with the provisions were clarifying that could prevent a home occupation from
taking over half the residential house.
Chairman Johnston recommended amending the provision that states "all
employees shall be members of the resident family and shall reside on the
premises". He recommended allowing relatives or people not living at the
occupants house to work for the home occupation owner. The Commissioners
were in consensus to amend the provision with no more than three employees
Minutes August 17, 2010
Wylie Planning and Zoning Board
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other than the occupants of the residence may be employed on-site at any one
time.
Citizens in attendance that spoke were: Mr. Carter Porter, 413 N. Gaston, spoke in
favor of the revisions; Mr. Rod McCoy, 106 N. Cottonbelt, stated that small
business is the greater business of America; Mr. Red Byboth, 2722 FM 544,
stated that he didn't want to inhibit business but wanted to know where the home
occupations were located. Mr. Byboth recommended that all home occupations
register with the city. Ms. Leslie Dockery, 1418 Leeward Lane, stated that
regulation is fair and questions how to tell how utilities are not normal. Mr. Steve
Wright, 113 N. Winding Oaks Drive stated that government needs to stay out of
the individuals homes.
Chairman Johnston closed the Public Hearing.
After hearing the public comments and discussing the amendments for home
occupation, Commissioner Wright recommended that the provision for the total
floor area be deleted.
A motion was made by Commissioner Dahl, and seconded by Commissioner
Smith, to recommend approval to the City Council an amendment to Zoning
Ordinance No 2006-04, Article 5, Section 5.1.D (Office), 5.1.E (Recreational,
Entertainment, and Amusement), 5.1.F (Retail, Personal Service and
Commercial), and 5.1.J (Accessory Uses); allowing for and providing certain .__,
safeguards and parking requirements relating to office, amusement, and retail
uses, specifically car washes, Inside Commercial Amusement, check cashing
business, and home occupations; along with specifications that financial
institution state stand-alone automatic teller; within the Home Occupations
Provisions that number 3 be deleted, number 4 state no more than three additional
employees in addition to the resident family may be employed. Motion carried 6
— 1, with Commissioner Kopchenko voting in opposition.
ADJOURNMENT
A motion was made by Commissioner Dahl, and seconded by Vice-Chairman Wright, to
adjourn the meeting at 8:35PM. All Commissioners were in consensus.
•
ohnston,Chairman
ATTEST:
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Mary Brodie ,Administrative sistant
Minutes August 17,2010
Wylie Planning and Zoning Board
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